Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-04-10
RIFLES AGAIN.
roa Posr-Isrn.LIoExoxs-

E;uFTOa PosI-IsTnITGEScEs-
The wisdom or policy, TIE ex -eSisoey
on inexpSdiebcy, a. veil As tssi hsGai
validfty Of Rny pu3lic E1ie. measure or
policy, h q proper ssb1eet lot puniIs
diseussien asa foorfs0os efiIIessEa-
Hsnee these hrtieieA called attention
q, souss general principles 10 BY tifss
communicated, eisJssnR Sfsss . criticism
on nunahsF rs Of pf1etiee ruis =. ] Goa
time the dsss7ssiOia Of particular rules
ia this. kule ] Of the ssalss cAassi rsads
a. follows:
sHe the clerk uiay require tns ptsan-
tiff, on dling tee e,smplsiut, 70 ssisa2er
Ave dsllsrs 80 clerk ersts, uhlcH Ae
shall p.scs 90 plaintiff'. ereoIi-
II I we're NOT theF ggbls inilmidatsd
1 might u1odsstly ASA shsaes tie "a
thoFiiy 10 make . role Of inss kiiso
The Law gives ste sberls, - seii IS Toe
clark, the night to demand psy 10 &C
Vance for tie particular ssfTles Se
msnded. bat gives no rieEt 20 D. nsnd
more a. = seczElty N the future iEe
riatf 90 require tha deposit Of oIs es'1E
over and beyond the s0m nxej lJy isS
for the service demanded y Flsnt to
Feauire any sum, and fifty d1Il.ul may
wish iust as much night be repaired -
Gve. may be tobi this - an old RUE
This dOeA net help the nat5ir at a..
II it be . wrong its perpetosiion IL lass
as bad a. its original ooneeptnn-
The following IL rnis ~:
"A party wilj not be required TO take
dspositioua 10 snT cause before the
cause IL At issne.r The following IL the
statute on the same subject, AecticB 40.
Code: Either party may commence
taking testimony by dispositions % a7y
ti,af before ssyUire 81 luminous CD the de
fsadants.n Which 10 Law. tbs RUE or
Code Z We give II no We may re
mark In passing thtst II The Legislature
had made "a bull u this kind Ehas =
grand volume Of compassionate elo
qnenoe would have flowed 10 liquid
sweetness down tbs valley Of time.
knle ~ reads 50 follows; "Gothes of
ali pisadInsa, motions and dsml1frsrs
shall be served on the opposite party,
and she same will not BE- deemed htsd
until such service or waiver Here Is
another addition OF q eoDditiGc praos-
dent 10 the assertion Of a Figbt-ssnofh-
or clog 70 arrest the wheels OF justice.
IL one Of our merchants sses tit, in the
enforcement Of an honest claim, 20
bring salt. this suit is liable 10 he sas-
pended ct any time by the dspaTti1Fe Of
the defendant and hls attorney for We
toFia or other foreign port. On0 saeh
case Will end this rale in explosive pro
family.
Role ~ is q jumhls Of different aud
distinct subject matters, and lie author
wis evicsn,ly Impressed with the notion
thai the principles Of the Organic not
had no application 10 rules. Probably
they or be II right. Rules spring from
Q mystic power LAYING no limitations IN
analogy and no boundaries IN the
nature and distribution of the powers
of government This hule - makes it
imperative that the sffidayIt for osn
tinuaDce on account 81 the absence of
witness must state the facts which TIE
party Expects 20 prove by suoh witness
Thia u q palpahle modification Of SIC
lions 205 and 1911 of the Code. On
principle the Code 10 right and the rule
10 wrong. The Code designed to leave
q discretion in the Judge, to be sxer.
slfed in view of the facts aud oigcum
stances of each case, 40 TO whether there
should be- q diseiosvr Of the evidences
or not. but thia rule makes n dINclo
sure In the fiSst instance imperative. II
gives DO option 10 any one, either Ia
civil Ut criminal eauses. 1hiG rule /.
verify The attsnti0l of the prosecuting
officers Of this district. We cOmmenu
10 70 thsui.
kfRuing what h reasonable time 10
which 20 do anything inquired Nv lsw
or order Of the court 20 be dOne, can onlS
be determined by she nature of tue
thing TO be done and by the pariB and
circumstances necessarily attending la
doing. These diner IN nearly ever,
cafe. The logisl .tioD reeogLig pg 1t .
part ordained that the dong should b.
IN o reasonable time, aud lett 1t 10 TO.
court or judge to determine from all L Q
presented parts how many days tia,
should be In particular case. lhe i.l
islation Ia other words gave general
yet flexible rule and lefg - IL,
court OF judge to adopt il 20 the patls
Of each cAss. but here catnes a THE Of
Court that makes three days reason
able In every case. 1be suppose prob
lena that balkrd the legislative .awvi
Gas just no problem At all. Three days
~ The magic time that tIls all oonei
tons. Reasonable time Is no loueef
varying and uncertain quantity. IL Is
as liked. intislible aud certain as three.
But the most remarkable of all l., /,
fulhlis the cOnditi0ns Of rules a. well
a. statutes. Glorious number
There Are others III these rules stat
ought to be noticed. but forbs r lie,
me say, 10 conclusion, that | knOE tue
motive and object Of these rule maker
none the best. U. JAoeIBs.
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HHAl RMTATE Tar NaEEn.