The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-04-05
Report on the Re-Incorporation
Petition.


Connect or the City # .Seattje The un-
dersigned. to whom was referred the
petition of John 5. Anderson and sixty
nine others, praying that the inbabi-
tants Of certain territory therein de-
] scrjbef be organized into City Govern
ment. hereby report as follows, viz:
lst Said petition IS framed under
/ Cbapter OF the Act therein referred TO,
should be addressed to the Judge of
the District Court, and to be availa bic
it should be shown that the territory
| therein described is not embraced with
/ in tn limits q any city or Incorporated
/ town.
| ID. The territory described in said
petition being embraced within the cor
poratc limits Of the city of Seattle, a
petition to organize under the General
Incorporation Act referred to. should
be framed under Chapter II of said
Act, addressed to the Common Council,
and pray that the question of abandon
ment Of the present City Charter be
submitted to the legal voters of said
city. &c.
Sd. 1t appears from the written state
ment of thirty-eight of the signers of
this petition that it was signed by them
through mistake and misapprehensiOn,
and they direct that their names tie
stricken therefrom, which will leave
only thirty-two names remaining, forty
being the number required
For the foregoing reasons | have no
IN thot tha SaIl mot -
tion should be rejected, and the prayer
thereof refused.
Upon the presentation of proper
petition of forty or more legal voters in
the city of Seattle, praying that the
question of abandonment of its Charter
be submitted to the legal voters of the
city, preparatory to organizing under
said General Incorporation Act, the
City Council has no discretion or alter
native, but must direct special cleo
ton, as provided in said Act:
This report might properly be closed
here. but owing to the very peculiar
and delicate situation in which we are
placed in regard to our City Govern
ment. and at the request of several IN
dividual members of the Council, sub
NIT the following;
In order to obviate and avoid the
effect of decision and judgment of the
District Court, in the case of the City
of Seattle vs.. H. l.. Yesler. wherein it
was held that the Territorial Assembly
could not create a city by special act,
the city:
LIST, Prosecuted writ Of error to the
Supreme Court in said case
I'd. Sought Congressional Legisla-
ton explanatory of existing laws, and
ratifying and confirming past Terrific
rial legislation creating municipal COR
porations; and
3D., Procured the passage of a gen
eral incorporation act by our Territorial
Legislature.
At the last term of the Supreme
Court, decision in the Iesler case was
avoided on technicality. and it is pos
sible that in the next term in July COM
ing. said case may be disposed of so as
to avoid decision on the main ques-
ton, although such result ought not to
be considered probable
The legislation sought from Congress
. is not progressing so as to make it at all
certain or even probable that relief will
be soon afforded from that quarter. AL
though our Delegate informs us that
there is prospect OF "a speedy passage of
the bill in question, there is no evidence
that it has yet been reported from the
committee of the House; and..atter such
report, it must pass the House, GO to
the Senate, there be referred again to
| Committee, again reported, and then
| put upon its passage. Certainly I'M
less better progress is made than here
tofore, the bill will not pass at this ses-
sion of Congress.
In the mean time the city govern
ment is carried on to great disadvsnt-
age. There is a constant menace hang
ing over the head of the city and city
officers. and certain disaffected individ-
usls. always to be found in every COM
munity. loose no opportunity to embar-
rass and obstruct the due administra-
tion of the municipal laws.
AS a necessary consequence the city
suffers, its finances are deranged, taxes
are unfair, and the city script is depre
| ciated
The General Incorporation act is al
most literal copy IF our City Char
ter; and upon examination l find that
the amended City Charter prepared
by your direction was not passed, but
instead thereof various amendments
were made, thus leaving our present
! City Charter in two acts, and seperate
volumns of session laws.
The General Incorporation act there
/ fore would be more convenient than
the amended City Charter to work un-
| der.
There wonld of course be consider
able expense attendant upon a reorgan-
! ization under the General Incorpora-
ton act, viz; Mt least one extra election.
and a revision re-enactment and re-
publication of the City Ordinaces.
/ A revision of the Ordinances is need :
ed, and the advantage of such revision
would more than compensate for the
expense.
The General Incorporation Act limits
/ the Municipal Indebtedness to fifteen
| thousand dollars. while the special act
perscribes the limit a. twenty thousand
/ dollars.
III .>.osnn. -