The Great Legal Squabble of 1871
A simmering territorial dispute over the 'Big Wigs'—the lawyers and judges—debating exactly when a law becomes a law.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
In criticizing the amendments to the Practice Act last week, we expressed the opinion that they were existing law, having taken effect from the time the Act received the approval of the Governor, November 29th, 1871. The Olympia Transcript takes us to task for this opinion, contending that these amendments do not go into operation until sixty days after the expiration of the session at which they were passed. We are disposed to give full force to the argument of the Transcript writer, and treat the article as one worthy the character of that respectable journal. However, we still think as we did before, that the Code Amendments are existing law, and the 'Big Wigs' had better make a note of it. The 'Big Wigs' are the gentlemen of the Bar, sometimes termed gentlemen of the Long Robe. The law is past depth to those that, without heed, do plunge into it, and both the Transcript and ourself had better perhaps wade near shore. It would seem very plain that an act of the Territorial Assembly becomes law and takes effect from and after the date of its approval, unless the act itself prescribes a different time.
“The law is past depth to those that, without heed, do plunge into it.”
This 1871 editorial highlights the evergreen confusion over bureaucratic implementation and the role of the judiciary versus the legislature. Much like today's debates regarding the effective dates of new state regulations in Olympia, the struggle to define the 'voice of the law' remains a central feature of Washington's political life.
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