The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-05-01
A NEW WAY OUT OF IT
The City Extension Election
Will Be Delayed.
APPEAL TO THE SUPREME COURT



The board Of county commissioners yes
terday afternoon directed Prosecuting At
torney Carr to appeal to the supreme court
Of Washington from the decision OF Judge
Lichtenberg OF the preceding day in the
matter Of calling the special election for .
vote upon the proposed extension OF the
city boundaries.
The wit of mandamus ordered by Judge
Lichtenberg. requiring the county COM
missioners to cali the election in accord
ance with the application OF the city coun-
Gil. Was served yesterday morning. The
hoard met at 10 o'clock. bat adjourned un-
till 30. m. without taking any action. Prose
cutting Attorney Carr. CoionelJ. C. Haines.
representing the freeholders OF the Duwam-
ish valley and J. j. MeGilora were present
at the afternoon meeting and used their in
duence against calling the special election.
The freeholders Of the Duwamish valley
had presented Q petition signed by 157
names, in which they state their objections
to being annexed to the city. They set
forth that the distance of their district
from the city and the geography of the in
tervening region is such that they could
not have the advantages OF the electric
light, gas. or street Improvements, or street
car systems, or protection of the city
police, while they would be taxed for MAIN
tanning all OF these; and that they would
be burdened by the large city debt already
incurred.
Colonel Haines. appearing for the petit
TONERS. stated to the board the grounds of
the legal insuficiency Of the request for the
proposed annexation. His opinion con-
firmed the written opinion submitted
in the case to Judge Lichten-
berg of the preceding day. He
stated that the proposed territory
embraced three separate and distinct dis
tricts. while the request was signed by
freehoiders from only one district, lying to
the northward. The act under which the
request is made, TACT of February 24) ex-
pressly states that the request shall he
signed by twenty-five freeholders from the
territory proposed for annexation. The
request for the proposed annexation bore
no signatures Of residents of Mercer Island,
the Duwamish valley or West Seattle. He
said that should the election be called and
boundary extension carry. any irregularity
in the proceedings would involve endless
litigation. The supreme court. he stated,
would meet on the 5th of May for prelim-
mary business and it would be much safer
to wait until its decision could be obtained
in matter of such vital importance.
Another question, and in Colonel Haines'
opinion very serious one, was IS to
whether or not the act of February "a was
repealed by act of March q. In his opin-
ion the two acts could not stand. The lat
ter provides that the request be signed by
one-fifth of the number of voters polled at
the preceding municipal election.
Captain Carr advised the board to appeal
from the decision of the court and in &C
cordance with his advice the following or
der was entered by the board:
WHEREAS, The board, having submitted An
agreed statement of facts in reference to the
sufficiency OF the request OF the common coun-
ell OF the city OF Seattle, and OF certain free
holders OF the county Of King, In reference to
the matter under consideration 10 the Judge of
the superior court OF King county in said
case and rendered decision therein, which said
decision n to the Sfect that the said requests
are sufficient and that it is the duty OF the
board to call said election as pray ed for in said
request, and q writ of mandamus ordering said
board to call said election. having been served
on the board by order OF said courl, and the
board not being satisfied with said decision,
and desiring to appeal therefrom, IL Is ordered
that the prosecuting attorney OF King county be
directed to take the necessary steps to appeal
from said decision to the supreme court OF the
state Of Washington.
Before deciding to appeal from Judge
Lichtenberg's decision the board, at the
morning session, appointed the following
inspectors and Judges for the various pre-
cincts:
Seattle. First precinct Inspector, W. Fl.
G<<xx~ tnAC uayk Ap md 4 Eel hal
man.
seattle. Second precinct-Inspector. p. W.
Fuller: judges, John T. Good and Z. Grot
Polling place. Market street schooihouse-
Seattle. Third precinct-Inspector. W. r. Mad
dox: judges, E. B Burwell and Jesse George
Polling place,
Seattle. Fourth precinct-Inspector. j. schram
judges, C. W. Lawton and Geo. B. Kitnnger
Polling place. Coppin's waterworks.
Seattle, Fifth precinct Inspector, II. f.
Phillips: judges, A. r. Hin and John Cunning
ham. r ling place. Armory.
Seattle, Sixth precinet-Inspector. Frank
Pontius; judges. W. II. Taylor and Charles D,
Knight Polling place, Hansen's store.
seattle. seventh precinc,-Inspector, ID. l..
MCGOWAN; judges, E s Ingraham and John
McGrath. Polling place. Battery street engine
house.
Seattle Eighth precinct-Inspecfor, w. A.
Diekey: judges, John Denny and d. b. Ward.
Polling place,
West sest,ie-Inspec,or and judges not yet
appointed
salmon Bay--Inspecto; and judges not yet ap-
pointed
union-Inspeotor ana judges not yet ap-
pointed
Duwamish-Inspeetor, c. c. Coleman: judges
C. W. Prcuty and J. W. Maple. Polling place,
sehooihouse.
The voting place of the residents of Mer-
Ger leland was not selected