Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-08-30
rHE posI.InrEllIcEncER PUB. CO.
IMPORTANT DEGfsf0S.

Justice Lyon delivered an opinion yes
..,dsv In the case OF the Territory vs..
"a and David Hughes, charged Grim
,asIly by the Territory Of Washington
~ssh obstruetine a pablic highway. The
A.s.essnss were arrested and tried for
toa3nc a high RAN fenoe aerses road
~ ia district "A, Of King county. Ihe
.r,,ou vas bfDucht under Section s4l OF
,hs Code, page l6s, which provides that
n anv person wilfully obssruci or isjare
.,v pablic highway or road be shall be
panished by Imprisonment In the pepi-
ssniiarv not more than i've years, or by
Az moi eIceeding $500, and imprison-
sasnt in the county jail not exeeediSE
an. xear Section 1855 OF the Code IN
vssts tbs Justices Court with jarisdio-
s,op 70 hear and determine such causes.
The Attendants waived their right 10
;.,y and the case was submitted TO los
s,cs I.vox npon written arguments sf
sc.,s.i after the trial OF the case on
Ingnat Il,h. IL vas admitted on triaI
that David Hughes erected the fence,
ana by A. y, Hughes that be wrote,
signed and posted notice requesting
persops passing through to "Isy up tue
fenos.n After going over the case very
thofoughIy and citing the Law on all Inn
portant points, the Court concludes its
findings az follows:
/ conclude that Road IS IN District ~
IA A legally established public highway
hscanse il was established by an order
of the Board Of Commissioners OF
Kins county in 1873; that said Board
bad Jurisdiction in accordance witn the
statute OF 1863 governinR suon matters,
that having acquired Jurisdiction aii
subsequent proceedings OF the Board
mnst be taken as regular; that no orueI
Of vacation of said road appears OF
record; that Il has been used and re
cognized as such for nearly ~ years.
and that its wfifnl obstruction Is sio
lasion Of Section Sal OF the Code of
Warrington Territory.
ID appeared by the testimony OF one
II nos both OF the defendants. admitted
over the objsction OF plaintiff q counsel,
that the obstruction complained OF was
p.aced there under INSTRUCTIONS OF dc
iendants legal adviser, as a method by
which the legal character OF hoad 70
night be established. ,
This in no wise detracts from the Legal
railt Of defendants.
a. Who assumes to violate law even
vith the openly avowed desiRn of test
ino ,be coust,tutionslity of as act OF
the Legislature or the validity OF the
order. Of q court does 90 at his peril,
ana cannot shisld himself from legal
guilt by claiming that his violation OF
such Get or order was In she public 10
teresi and merely to settle vexed ques-
ton.
Governments provide for adjadieat
Ing saeh questions without criminaiity
and II u a. much against the policy OF
government that litigation be perpetu.
afsd thrauah criminal PROCESS and trial
% b sisii acsion. There should be n
tina ehsn the acts of eonrts within
thsif iufisdissioh become hualities. and
thsit 1Sr,sfoas become absolutely liked
ana isfevocabss. | need not add tbas
otherwise endless tarmoii and iusecnr
iiy both of persons and property must
obtain.
Ieousider the testimony of defend
ants not In adjadicAtine upon the qaes
tion of guilt or ianooence bat In pro
nounoing Judgment. Upon the Law and
she facts as sented, l eonesude
hat the defendants. David Hughes and
A. =. Hughes. are guilty as charged IN
the inform atom fil.d in this court.
h Is the further iudgmsa, OF the
euuu that each OF said defendants do
pya fine Of $40 and one-haif OF the
costs Of the proceedings herein. aud IN
Default stand committed 10 the jail OF
kisa coanty until such costs be paid or
until they be otherwise discharged 40
sortin9 20 law.
SEATTLE, W. T., august 18Th, 1885.
Attorneys gave notice Of an appeal.
and defendants entered into bonds 70
the sun OF 500 each. for such an ap-