norml17 - Page 11
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train fide) ° Most of the population growth resulted fi'om an influx of settlers
who had experienced legislative abuse elsewhere, and many experienced
abuse in Wastfington as well 3_ For example, dtuSng the 1862-63 legislative
session, the legislature passed no general hws, but enacted more than 150
pieces of general legislation for the benefit of "private interests against the
Nor did the delegates trust the other branches of government.
Governors abused their patronage powers 33 and judges were appointed from
afar and often absent.34
Additionally, the delegates had reason to fear corporations as entities
fikely to trample on personal fiberties. Mining companies amassed atoned
guards to thwart labor union activities _5 (leading to words in the constitution
stadng "nothing in this section Fright to bear arn_ sh_dl be construed as
authorizing individuals or corporations to organize, maintain or employ an
armed body of men")? 6 and railroad monopolies charged excessive freight
rates to farmersY
AI1 of these infringernents on personal liberties came about despite the
guarantees of fiberty and democratic government found in the U.S°
Constitution. The federal constitution is lirn/ted, since, it is a grant of specific
powers to the federal government, with a bill of rights tacked on several years
later somewhat lirn/ting the federal government's scope of interference with
individual rights. These are mostly couched in terms of "Congress shaI1 pass
no law" (establishing religion, prohibiting speech, etc°L which has resulted in
the "state action doctrine" being established by the courts: ff your neighbor
3o Brian Shoe, "A Frequent Recerreace to Fundamental Principles: Individ_aal Rights, Free Government,
and the Washington Stale Con_tufion," 67 Wash. L. Roy. 669 (1992), cSting Dorothy O. Johansen,
"Empire of the Columbia," (2d ed. 1967)o
33 Snure, _ at 67t.
32 Snure, _ citing Wilfred J. Affey_ A Hisiory of the Constitution and Covemment of Washington
Territory, 207-21 (I945), unpublished Ph.D. d/ssertation, Univo of Washington° (These pages of the
Airey document are not available at the UoP. S. law library, wMch has only pages 268-533.)
_3 Shoe, Id, citing Airey at 180-86.
34 Snure, _, citing Charles H. Sheldon, '_A Century of Judging: A Pofifi_l H_tory of the Wasl_ington
Supreme Court" (1988).
35 Snure, _ citing 3ohansen, _ note 30.
36 Wash° Const. art. 1 § 24.
37 Snure, _ citing Gox'don B. Ridgeway_ "Popu_/sm/_ Washington," 39 Pac° N.W. HJsL Q. 284091
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