Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1889-03-01
Ol.vMPi.. WARRINGTON TER.
OLYMPIA. rslpAI EVENING. EARCA I. 1859.
4 MUs>back Victory.

The OLYMPIAN grcts that on the
very threshold + its existen sense
of duty requires that it sl uld censure
the course Of anv citiz II who may, i'll
the management of mat ma re chi
sid ed lrimaril indi d IA matters,
rlue him elf umbl n block to
pm lie progress. 1t HIS no DISPOSE ion.
however, to shrk Il IesTons bilt. be
cau-e i. ,nerou-, and will endeavor
TO comment fairly or this, rs on all
other matters pre- ,en.ed for discussion.
L st Summer, the City Council ct
O'y 'pia, in res. onse to an almost
univers / demand OF the people living
on AIMS -treet..r cred grade to
be estab ishe :, and contrecte fer lev
cling of the surface in accordance
tn rewith. The work was done, and
that street has been TRANSFORMS. d from
an almost impossible country road into
bread avenue, which compares favor
sbly with Main street that has been
pronounced one OF the best municipal
thoroughfares in the Territory. The
people generally were del'ghtei with
the improvement, and many OF the
residents on Adams street cheerfally
paid their proportion Of tie tax as
sessed az ainst abutter, in the district,
A few refused to pay, and DR.. Ostran-
der obtained y restraining order against
the collection of his proportion OF the
tax, and the case went before Judge
Allyn scves al months ago. sin e which
time it has been under advisement,'
until this week when the judge de cided
to make the order perpetual.
The city claims tina. Section 8 OF
the charter coniers upon it the author.
ity to grade streets at the expense oil
the property owners abutting. While
it is admitted that the language is am
biguous enough tojuatify a 4" guess" as
to its meaning by courts, vince tech.
nicalities often subvert the vi l of the
people as expressed by their legisla.
tore, it seems apparent to anybody
who has sense enough to construe
language and is not bound by legal
fetteie, that it was the intent Of the
lawmakers to confer the tame priv
leges that universal custom has war
ranhd and the municipal charters
have invariably bestowed. Any other
view would involve y waste of words
in Section 8, as authority to grade
sire els at the public expense had al
ready been conferred by Section 7, Of
the same act.
In constituting the statutes, the first
matter Of consideration is the inter
probation TO be placed upon the Ian
guage used. and then the construction
which it bears when applied to the
peculiar facts in this case. The ira.
dihonary province Of the court is to
determine the intent Of the legisla-
ture and 70 apply that will in the Or
ders made and the judgments rem
dered but alas! experience teaches that
the kernel is often lost with the chat
when it passes through the Judicial
windmill.
Tho Doctor may congratulate him
self on his victory" in the present
legal contest. but W apprehend that
in the course o. time, when he counts
the full cost. his honon will b. on a
par with those Of the valiant Knight
de h Nanehs, when he made war upon
the water-wheel, and was 20 nearly
drowned that his faithful squire found
much difficulty in his resuscitation.