Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1890-04-01
THE INCORPORATION BILL
Interview With II. Y. Thomp-
son Regarding it From
Legal Standpoint
Fairhaven and Bellingham to
Incorporate at Once Under
the Former Name
Thirty Days Ample Time For
All Preliminaries to a Cor
porate Government

signature of Governor Ferry, the citizens
of Fairhayen lost no time in taking steps
TO have their city Incorporated. \ notice
of a special meeting of the county com
missioners, for the purpose of considering
I he petition Of the citizens of both Fair
haven and Bellingham. appears In this
issue. The meeting will be- held on the
10th inst, and If granted Il notice of such,
together with an election notice. will De
at once issued and in IA very short time
Fairhaven will have Il corporate govern
ment. That the notice is published today
Is due to the energy aud enterprise of the
leading spirits of the city. As soon
as the word had been received
from Olympia that the bill had he
come law. the petition was circulated
and mounted messengers sent to the SeN-
eral commissioners apprising them of the
fact This work was not without it,
draw backs as the roads are in bad cundi-
tiOn and two commissioners live at a dis
tance from Fairhaven but it was accom-
plished and the city at large will reap the
benefit.
Hearing that the petition was ready for
the commissioners aud that the return of
several county officials was expected
hourly, a HERALD reporter visited two or
three of the prime movers In the cause To
learn what had been done. and the benc-
fits that would necessarily result from
such action. Among those called on was
IL. y. Thompson, solicitor of the Fair
haven q Southern Railroad. He was
found in his Office and said he was cOgn-
liant of the facts In the matter in hand
as he had taken an interest in them.
Have You made any examination ut
the law authorizing the formation Of
municipal corporations la this state with
view of aScertaining what its effect l.
on the towns located on Belliugham bay?
AS u representative of the FalrhaNcn
Land Co. aud of the Fairhayen a southern
Railroad Co., and also in some sense a- a
representative Of the people of FairhaVen.
| have been very much Interested In the
matter of procuring a municipal COVER 70
ment for the town of FairhaNeu. and. in
cidentally. in the matterof the conSolida-
ton and reincorporation of the various
cities located ON Bcllingham bay. have
examined the act passed by the legislature
upon that subject and have given some
careful consideration to its several pro-
visions for the purpose of aScertaining
how the bay cities were To be- affected
thereby.
Under the law rs It stands. what, il
any. different mode Of proceeding viii
have to be taken by the bay cities In order
to incorporate or To reincorporale. and
how can their boundaries be- fixed or eN-
tended?'
THE act of the Legislature seems tn
have been drawn by some one thoroughly
conycrssnt with the situation of the vari-
ous cities aud towns in the state ot
Washington. and Ii would seem To be-
particularly adapted to the adjustment
of affairs ON Bellingham bay. Here on
the bay there are three classes of towns
TO be provided for. The first class, which
includes the city Of Whatcom, IS Of towns
Incorporated by an act of the legislature
and whose corporate existence has never
been questioned. The second. including
the town Of Sehome. j. a class in which
there was an attempted Incorporation
under an act of the territorial legislature
which has been declared void by the
supreme court of the state. The third Is
class. including the town OF Bellingham
and the town of Fairhaven. where there
has been no attempt at Incorporation oi
any kind whatever. The three classes
above referred to are provided for by the
act Of the legislature. The third class
(Fairhaven and Bellinghaml are provided
| for under sec. of the general incorpora
tion law. No attempt having been made
To incorporate these towns. all that they
have to do in order To become incOrpOrat
ed is to present to the board of county
commissioners a petition signed by ~
! least one hundred qualified electors of th,
county, residents within their limits, des'
cribing the proposed boundaries OF th'
corporation. the number Of the inhabitants
as nearly as can be ascertained. aud pray
/ that the same be Incorporated. IL thet
ecomcs the duty Of the county commits
sioners to fix a time for the hearing of the
petition and to advertise the same AT lcas
| two weeks In some newspaper oi th'
county, and the matter can be- heard ant
an election of officers for the city ordered
and that Is the end Of the matter 50 Tar az
! cities and towns OF TINS elass are concern
ed.
'The town of Sehome is already an in
corporated town. but its Incorporation i
defective because the attempt at incor
poration was made under law which "a.
supreme court has declared To be- invalid
! However. the town OF Sehome was not
marty to the litigation in which that de
cision was made and has not been dircctl!
disincorporated by 1t. The general in
corporation laws Of the state provide IL
such cases for "A rcincOrpOration of th
town. II may rrincurpOratc by nc-thir'
of the qualified voters of TN
town as shown by lhc yol
east at the last municipal clrc
tion held therein being presented 10 III
city council aud the city council may sub
nit the question of reorganization To
vote Of the qualified electors Of the town
and II at such election II receives ma
iority of the vote. then they become rein
corporated in accordance with the law
recently passed by the legislature upo
that subject. In 50 doing ihey rc-incoi
poratr with the same boundaries and q
the same city which existed before ia
passage of the act.
} "In relation To the city Of Nhatcom.
has valid corporation and IL IS not nee
essary that IL should rc-incOrpOrate und,
the general law recently passed. IL ma,
however. do 50 in the manner provided
Sec. 4. i'm the act by the vote of n maiorit
of its citizens. II 80, II rc-lncorpufat'
with its present boundaries and its pre-
ent limits. In the matter OF re-incOrpol
alton neither the town of SehOmc nor IL
town Of Whatcom can extend their orig
nal boundaries. The whole matter OF y
extension of boundaries being covered
another provision Of the law. Sec. 2
the act provides the manner In WhlC
boundaries may be extended. In effect
provides that when a city is once incO
! porated and desires TO extend It's bounl
aries. il may submit the question OF u
extension 10 a vote of the people ot u
corporation and also to vote Of the pc
pie outside Of the corporation. but with
the boundary which 10 Is proposed to i
!.
II canvas of the vote taken separate
u shows that the majority Of the people
the town and a majority of the peop
proposed TO be taken into the town. nav
voted in favor of thceXtended bOundafle
: then the boundaries may be so eNtende'
There has been much talk recently OF
K proposition to consolidate the city
Whatcom and the city Of SehOme intoon
city. and at the same time To extend tt
bound the limits Of the two towns. Thi
under the recent law, cannot be don'
They can consolidate In the manner pre-
| yided by Sec. 10 of the act. but IN the
consolidation they include only the teri
tory that is now under the jurisdiction Z
the two municipal councils, and they car
not at the same time extend that terrilOl
; aud include people within itwithout the
consent who are not at the present tin
within the limits Of either city. To col
solidate the two towns Of Whatcom az
A Sehome and to extend their boundari
involves. first, proposition to re-incQ
a pOrate the town of SehOme. which una
! the most favorable circumstances, W