The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-06-13
THE CITY'S POWERS.
Does the Law Permit the Ap-
pointment OF OfIiccrs7
MeErlNc OF THE coMMIssloN.


me ocneA0 81 AuUfShPok SseknAens
Beginsing 10 Fake shape-Pre-
pesisions ssbmissed.
The fifteen freehoiders. or Seattle charter
commission Of 1880. met yesterday at the
city hall, With Nessrs. Struve. Rochester.
Leasy, Furfh. SheaEe. Collins, Douglas
Young, Nixon. Andrews. Caiiigan and
Adair attending. and Judge Orange Jacobs
in the chair
Mr.. Leary eaid be thought the best legal
talent available should be had for the COM
mittee on the executive department. He
therefore asked TO be allowed 10 withdraw
from that COMMITTEES, and he suggested
that in his place the commission elect
Hon. III. G. Struve.
Judge 6truve asked to be excused. He
vas fully occupied already With his share
of the work
Judge Jacobs said the motion was not in
order just now. The question was upon
the approval OF the minutes. The only
regular way out OF the difficulty was by
consent OF the whole body, which could
accede to Mr.. Leary's request.
The minutes having been confirmed. the
chAir said he would hear Mr.. Leary.
Mr.. Leary said . difference had arisen on
this important question OF the mayors
functions. Besides, one OF ths committee
thinks the law only permits election of
officers and not theisAppo;ntment.
Mr.. Young shonght he should be with
drawn instead Of Mr.. Leary.
Mr.. Andrews said il there was TO BE- any
sundering Of the committee he might claim
the same right rs Mr.. Leary. II legal
counsel il wanted why not add Mr.. Strives
name?
The chair said the motion was out Of
order. report having been adopted limit
ing the number Of members of committees
to three.
The matter was passed and the regular
order OF business was proceeded with.
Judge Struve presented an article for
consideration on the law department Of
the city government:
LEGAL DEPARTMENT.
CHAPTER 1.
SEcTfox l. The legal department Of the city
of Seattle shall consist OF . corporation counsel
and q prosecuting attorney.
Sec 2 The mayor shall nominate. and by
~ w1h the advice and consent OF the board OF
aldermen. shall appoint an attorney and coun-
sellor, who shall be styled . corporation coun-
sci, and who shall hold ofice for the term of
years. and until his successor Is
duly appointed and qualified. The corporation
counsel must be an attorney Of the supreme
court Of this state, and must have been n the
active practice OF his profession for at least
seven years. two of which. next preceding his
appointment. must have been In the city of Sc
aftle.
Sec. s II shall be the duty OF the corporation
counsel to bring and prosecute all actions at
law and In equity, and all special proceedings.
which may be directed by the mayor. the city
council the comptroller or any municipal de-
partment or board, and shall defend al actions
and procet dings TO which the city or any oficer.
board or department OF the city is party, and
all other actions and proceedings IN which
rights or interests OF the city are involved He
shall give legal advice, in writing to the mayor,
city council aud TO oil boards and departments
when requested by them, in writing. ard aisot TO
any other oficer Of the city when directed by
the mayor or city council SO to do. He shall
hold his ONCE in such place as the city
may provide, and shall devote himself ex-
clusively 70 the duties Of his once He shall
keep docket Of al the cases to which the city
may be = party In any court OF record. in which
shall be briefly entered Ill steps taken In each
causc, and which shall. at all times, be open TO
the inspection OF the mayor. comptroller. or
other officer OF the city upon the direction OF
the mayor. II shall also be she duty of said
corporation counsel 10 draft all ordinances,
bonds, contracts, leases. conveyances, and such
other instruments Of writing - nav be required
By the business Of the city He shall also ex-
anime and inspect all tax and city assessment
rolls. and all proceedings in reference 10 the
levying and collection OF taxes and local assess
ments. He shall also keep bound books of
record and registry and OF briefs aud transcripts
used in cases wherein he appears: ana ell Of
fcial written communications by him to any
oficer, board or department of the city. and all
opinions given by him. and be shall perform
such other duties as may be provided by ordi-
nance.
Sec. 4 The corporation counsel may he author
lied By ordinances OF the city council 10 employ
one or more assistants whenever the interests
of the city demands such appointment
sec. The prosecuting attorney is the public
prosecutor OF the city, He must be an attorney
OF the supreme court OF this state. and have
been in the active practice of his profession Tor
a. least seven years. two Of which, next pre-
cedins his election. must have been In the city
OF Seattle. He shall bc elected by the qualified
electors Of said city at the general muuieipal
election provided for in this charter, and shall
hold his ONCE for the term OF yeare and
until his successor is duly elected and qualified.
Sec. 6 1t shall be the cuty OF the prosecuting
attorney to conduct all prosecutions for public
offenses committed against any OF the ordi.
nances of the city. and appear for that purpose
in any court wherein the same may be pending
Ii shall aso be his duty 20 commence acs ions on
all forfeited bail bonds within thirty days after
they declared forfeited. and shall diligently
prosecute the same No actions on bail bonds
shall be compromised In all sections 10 reeoyer
on bail bonds. where Judgment has been rem
cered, the prosecuting attorney, when any prop-
ersy Is exposed for kale. may bid and If neees.
sasy. purchase said property for and in the
name OF said city, at q price not exceeding the
amount of the judgment recovered on such
bond The prosecuting attorney shall not per
form any official functions, except those that re-
late 10 the prosecution OF public offsnseA
Sec. :. The corporation counsel and the prose
cutting attorney shall receive kuch compensa-
ton as is provided in the articles OF this cn after
relating 10 salaries and compensation OF Of
feesx
Mr. Andrews moved TO refer il back To the
judiciary COMMITTEES for a report on the
question whether the city had the power To
appoint. A possible Interpretation of the
law was that the city under the law GOV
erning cities OF the first class has the power
10 elect but not appoint any officer. AT
least, the point was not ceariv enough
sisted in section 8 to be beyond doubt.
Mr. strive said the committee had acted
in accordance with the instructions OF the
commission, which had been for the cleo
ton OF corporation counsel and appoint
nlent OF prosecuting attorney
Mr.. Andrews said that was Just the point