The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-02-06
LAnDLoRDs' RElERDx.



- Delay ana Csasequsnt lnadeQuaey -
the nupsrter Ceurt.
6EAr1LE. Feb. 5. 1850.
To TIE Enron: The provisions Of the
stats constitution relative 70 the jurisdic-
ton Of courts, coupled with the present
methods Of practice and the arrears Of
work On the calsudars, threaten landlords
with grave injustice 70 their interests.
Permit me- 70 state Tie difnculty and sub
NIT . proposed partial remedy.
Section 8. article 4, OF the constitution
gives the superior court original jurisdic-
tion. Sstev ali1, Of actions Of forcihle entry
and detainer. Section 10. article 4. pro-
rides that the jurisdiction 70 Be granted
BY the legislature 70 jussicss Of the peace
shall not trench upon the jurisdiction Of
the superior court II has been held By
the superior court Of this county that, by
the effect Of the proviso mentioned. the
jurisdiction Of the superior court ~ pre-
scribed in section 6 il cxddsive In respect
Of Justice courts. The superior court Of
Jefferson county has held the contrary.
Most lawyers, think, win regard Judge
Lichtenbere's - the better reasoned decis-
ion on this question. But b that q it
may. the jurisdiction Of justices over any
subject-mattsr within the scope Of section
s is ct least so involved in doubt that
plaintiffs will not dare 70 bring actions
embraced in that scope before justices. or,
il they do 20. defendants viii contest the
jurisdiction and appeal; 20 that ct best for
many months to come, until the question
can reach and b settled by the supreme
court, the superior court will b practically
the only tribunal in which to bring actions
Of forcihle entry and detainer.
Herein lies the injustice to landlords.
The action Of forcible entry and detainer
has always been designed 6 . summary
remedy. Hence II has hitherto been In
trusted to justice courts, because their pro-
cess IL quickly returnable, their procedure
simple and peremptory. and their calendar
not loaded down with prior Gases Of long
standing or governed By strict rule Of
precedence. The constitutioa-makers acted
wisely perhaps, in Transferring this head
q juxiadicsiOn 70 the superior court; thooo
sections do not strictly involve title q land,
yet drawing In question q they do the
rightfulnsss Of possession Of land. they
often shave - Close 70 the question Of title
that il may have been wise 70 withdraw
them from the consideration Of magistrates
real property. But the transfer of this
jurisdiction. however wise. has shorn the
remedy OF its most valuable feature-its
celebrity. The superior court in this county
Is . thousand cases in arrear: in many
other counties Of the state it is far behind
current business, In all, its machinery
practically delays the trial Of an issue until
1T least two months after the action was
N IN ma n 4 N ffar
can be forced to . jury trial until 1t is
reached in its order below all earlier cases.
In this county ones cause must now wait
fun year for Jury trial in its turn.
Now. this burden Of delay m ~ we'll fall,
for the most part, on ali litigants alike,
one has no more reason 10 complain
be told TO wait his turn. This is
fair enough where only questions Of
damage by breach OF contract or questions
OF title, are involved. But the question In
volved In an action of forcible entry and
detainer Is one OF pee uiiar urgency. An
other il In possession OF your land or hou 50
or store. without right as you claim. The
title Is yours, not his-there Is no question
on this point: the very nature OF the &C
ton excludes the idea OF disputed title.
s>fs - s~s~s "sAS s1<S 6sStes4>A ~ 1sSRA$S otA
action OF eicctment would be your remedy.
But there the defendant Is. in quiet posses
sion Of your real property. He may have
entered forcibly. or tas in the vast major
ity OF these cases. where the defendant Is
simply = tenant who stops paying rent but
continues 90 occupy the premises) he may
have entered lawfully and only be desaia-
iag the premises without right, IS You
claim, but ii is eli one. In either case. II
he is in quiet possession. you dare not
put him out with the strong hand;
the Law forhids that, and visits damages
upon you il you disobey, rs well Is
restores the quiet possession that you dis
turhed. Therefore the action of forcible
entry and ietainer must be brought, and
the wrong for which il seeks redress Is one
that. If found 10 exist. demands speedy
redress more loudly than in any other class
OF cases save those involving infringements
OF personal liberty or security. Delay in
such case Is denial of Justice to the ex-
tent Of the duration Of delay. IL las almost
aisaysl the defendant is not responsible in
property 10 Q Judgment for damages.
Hence the gravity Of the present situation
is, that the remedy, intended TO be and in
"A 1855 =. =. .ssn- -. - &