The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-06

A discussion TOOK place as 10 tue oina Az
which the record of the vote should be IN
scribed upon the minutes.
Mr.. MuIdoon suggested that committee
of three be appointed to ascertain II the
provisions of the charter had been COM
Piled with; that committee should report
TO the convention that the assent of three
fifths of the voters had been given. That
report would then be adopted and the
result would be spread upon the minutes.
Mr.. Bagley thought this formality un-
necessary; but Mr.. Kittinger said while
they were talking the whole matter could
be settled.
Mr. Jones moved that the convention
receive the report and declare that the
propositions had received the necessary
three-fifths majority.
This was agreed to, the motion put and
declared carried.
Mr.. Miller suggested that it would be
more formal to take the vote by yeas and
nays, which was accordingly done.
Clerk Miller read the certificate, which
was approved, and the president signed
it.
Mr.. s. NJ Shipiey advised that the reso-
luton be redrawn and put into the proper
form to show that all the provisions of the
charter had been complied with. If the
matter went before the supreme court it
would be an adya ntage that the findings
should comprise complete record.
Clerk Miller then read the following
letter:
II is provided by the contract made on the 10th
OF April between the city Of Seattle and our
selves relative 10 a contemplated issue of fund
ing bonds of the city that In case the requisite
49, 81
any thereof shall be given by the vote cast at the
proposed election test suit by some resident
and taxpayer in said city, against the city and
the proper officers thereof, shall as speedily as
practicable thereafter be instituted. and carried
TO a final decision by the supreme court OF the
state OF Washington, to test and determine the
validity Of such proposed issue OF bonds, the
entire expense of which test suit including the
expense of counsel for the plaintiff and charges
OF any special counsel that said city may employ
20 assist in the defense of the suit, shall be
borne In equal shares by said city and ourselves.
We are equally interested with the city In sus-
tanning in such a test suit the validity OF the
proposed issue OF bonds, and are anxious that
the utmost possible effort shall be made in that
behalf. The attorneys who have represented us
in negotiations with the city authorities during
the past three months, Messrs. Burke Shepard
Woods, have in the course of those services to
ourselves become thoroughly familiar with the
financial details bearing upon the proposed is
sue, and the legal points that will be involved
in the suit As we. by the terms of the con-
tract are TO bear one-half the expense OF the
test suit, we presume It is not out of place for
us TO express our desire that the attorneys
named shall be professionally connected with
the presentation of the test case in the supreme
court; and we are far from wish
ing to see any objections to the
validity of the issue prevail in that suit, but on
T..
shall be sustained. we respectfully ask that the
city will retain Messrs. Burke, Shepard and
Woods as special counsel on the part of the city
In such test suit at the joint expense of the city
and ourselves in pursuance of the provision OF
the contract above mentioned.
We also suggest that the arrangements as to
who shall be the special counsel of the city, who
shall be plaintiff in the injunction suit, and who
the plaintiffs counsel shall be made speedily in
order that the time intervening before the date
OF the election may be utilized by the counsel in
preparing the necessary papers and briefs for the
immediate bringing OF the suit and carrying of
II 10 the supreme court within few days after
the election, in order to avoid the danger that
the supreme court viii have adjourned before
the cause can be brought before it.
Mr.. Shipley pointed out that it would be
an advantage to have lawyer draw the
complaint who was familiar with the OBJ
by financiers. He thought the suit had
better be presented in good faith, however,
as the supreme court might show them
out the back door.
Mr. Jones, at the request of the mayor,
called attention to the duty of the joint
finance committee TO make semi-amnual
inspection of all the city's books. 1t was
required by the charter, and Mr.. Jones
thought that the council would greatly
benefit by the information thus to be OBJ
tanned, although he felt quite satisfied
that there were no Irregularities or dis
closures TO be made.
Mr.. Kittinger reported that the finance
committee had already made preparations
and would begin on Monday to make the
inspection in accordance with the pro.
visions of the charter.
The convention then adjourned. with
the understanding that in the meantime
the judiciary committee will carry out the
suggestions of Harris & Co.. letter.