The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-09-27


rpcrt from Acknowledgement
- the matter. and remarks
- Hansord urging the necessity
y sorvening OF the court IN the
,.,ss Hartford picked up the re-
.! - attorney general. which had
- his desk the night before,
i Isvs as follows.
q .rrussEY aESEEAh' ktroN1-
.--,,xgY fzsEKaL's OFFICE
Sesftie. Ha.h. sept "a
.~is reeesgs Of the Greer q 'ne a,.
y - -. Tss,d judicial district Of the
- - In and for King county,
!, ses.tse. sghereby the report OF
!, Inc August term OF said court
5ca cit: Instructions 10 institute
sxa = agsinsf W " Ss.lin. prose
y .s rsy be lsgful and proper,
n .,spsssc; in Office Is aisege1 III 'i's 'e
~ ss-s~iss:son al the law creating the
~ $3.50 general. and defining the i'os.
-. sxsserrcd upon that Office, hod
~ - -. ed which alone ] deem peru
s ~ srg. the following provisions:
mes.Lafo consult and afvfse with
- - 1r1ct prosecuting attorneys In
- 80 "a the dutie. Of their cifice; and
80 - y. ,racyascf the interests Of tee poo
~ z s..s,ory require, he shall attend ihe
= ,sy,s accused Of crime ana ASSIST IN
~ srsi..on my duties seem 70 be lin
- 10 csrsuiiiag srla advising the dis
...s..~r,Irg s'torneys IN matters relating
q s-s..s .. sbeir Office" ard. second.
- 4. ssssment Of tie attorney general
sss..xts ii toe people OF the territory re
- 4, uxrd the thai Of ans party scensesi
~. sza 70 assist ia tho prosecution.
ia 49,, o. TIE provision quoted seems
- ~ "a se1aire the attorney general %
~. f,ii,assal cases, 81 himself - take the
- a. te.sca.ing attorneys. but simply
- IL saeh prosecutions 'spoa the sriai
-. WIEN in his jEtgmeat Tue interests 81
49, Of tie territory require II. would
1000 .gs,s elsaiiy suggest that, 10 osaer TO
4, AL AL fair Investigation Of the very
4 sAsrres Against Mr. Seylin by the grand
4 a.: one or ire other OF the following pro-
thr BE- had:
shs-T a. the court appoint special prose
~ steer for ibis case vt Ia fnil power 10 act
! u premises, and theregpon convene the
k6sury. Az the district coart is one OF gen
5isf,s.ctlon. there can be no doubt OF i's
a = doso. This matter has been directly
<elxsssd and the jurisdiction sustained,
~. section 2,l66 Of the code eoniers the
- Ia certain events. II this coarse should
Iaysed, the grand jury, II they deem kuf-
"a iseal evidence IN convict csn be obtained.
1ird!ct M Newlin under section 7sS OF the
"a which IL az follows: when any duty Is or
= be enjoined by law upon any public offieer,
~ penon holding any public trust or en-
|1ne1s, every willful neglect TO perform such
=, shere no special provision has been made
be vunishmsnt Of such delinquency. is
laemeanor
~ punishment for this offense. prescribed In
Nen Ts5, Ia Imprisonment in the county Jail
not more than one year, or By fi5e not ex-
Iing 800 or by both ,uca fine and imprison-
H." should conviction follow the prose
len Of NJ. Newlin for the ofensc. then. under
non 1858 the CODE. his ONCE would become
mt Upon such proceedings being taken,
oct as counsel. advise with, and assist such
necu,ins ofieer. TO the end that public justice
b Be- fully indicated aud the good name OF
lshington territory he upheld.
|econd Proceedings be Instituted for the dis
ring Of NJ Sewlin. under which the investl-
ten may BE- thoroughly made and Mr.. New.
have the opportunity to vindieate his fair
ne, OF By The order OF the court be disbzrrod.
your honor formally call the at
ussoa d the Bar Association 10 the subject and
I'm s7oa the members thereof the duty Of
Iklsx vse suitable action In the premises.
hare De honor 10 be your very obodicn,
usrt j. MErcALrE,
Ansney General, Washington Territory.
les C. H. HAsroED. chief justice and presid
hs istge OF the third Judicial district, Sc
atk Wash.
REMARKS ny THE COURT.
Mar reading the communication tn,
Ss his communication leaves the matte
ashe:tsi was when ! referred IL TO the at
nss general scandalous and ousrageoui
s1es have been publicly made against th,i
soAes OF the court. The grand Jury OF
n own motion proceeded TO investigate thess
fyes. They called upon the court for assist
q md gave them the assistance required b,
soaiins IN able lawyer, disinterested ans
nan to act a. prosecuting attorney TO aesis
nat insesigstlon. The grand Jury rcportet
We court that after thor oueh and full iIf
k<sfion - they were able To make, the,
y no' able 10 obtain sufhcient evidence 4
III his Officer for any otiense; yet they
amrd him for misbehavior which
essfed TO them from the les
aaaF taken. IL seemed 60 m,
y accepting the statements of the grand jur,
We, hey done al they could do, yet tn,
Wet vas left In very unsatisfactory coadt
Arquired that the court should do some
y 10 maintain its own dignity and self.rc
~ and not allow these charges
made, aud pass unnoticc,
raj anything more being done thar
e PsFi. secret investigation by a gland Jury
ahg 'te matter formally before the court
~ say provision OF the law by which lega
'easssien eoald be had II yves necessary tha
= accusation should be lodged agains, IN,
% 10 Asfa, form. The court could not 4,
he Judge 81 The court is required to b,
isasA He cannot tale the office of tn,
@ssaaig elieer except SIS provided under In,
- :, saeFe 'ae mishc hsyior of sn attorney 4
'sl 'as 1eewleegc Of the court, or where an,
's4 cusarits contempt OF the court whiel
WIRE The knowledge ct the ccus.
vase not coming under ,ithe
sisse provisions the court slon,
''a act ins.lh.ea prosecution nor cause nn,
!. !. sassslgatioa 10 be had. /; ives ntceSssr,
i II -. aett. 81. a..
e 4. case eaoa foundation from which 1
~ aSis''y proceed The court then seierres
.ss'ef 10 the attorney general of che terri
J eeing The Only official within reach VII,
Wee could proceed officially In the matter
-asl on The attorney genera. 10 10 this .e
- " 'vpreseals the territory. and The terri
va Whole ia Interested in the question q
.sssff coadac, Of the prosecuting attorney
certain eStent the guardian OF ;hi
- me territory. II he is tncor nescn
!. 4s'ees his duties. costs In criminal case
y .seine enormously excessive, aud on tbs
- Nc attorney general 81 the territory.
$50 could very property act in this matter
sstssY, the attorney geueral. by hts con,
ssaf''i, tales the ercund that bis rowe
.@'es sfe limited by the provisions ~ IN
-. - ~ uAst Ne cannot lawfully institute thi
!. 'snca. snd very likely he is right ahoa
70 Aoi Intend 90 urge any daierenoe G
- pe'NetD She court AMI the sstoYnc'
"a. !. oai here is the unfortunate situation
ssos have besa made They are pxI
= svfSsIed. Taix prosecuting ofslcsy )
!. ssahsaocd lsom oae end * the count
us0.7es by orators for political effect. m
a 1875 are writing about him and ever
1890 $50 w.IA ian ios political sffeci. an
49, being Sczutsllsei tv such GA,
"a, chk-rs,s him ~. -. -. -.