The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-04-08
SUITS AGAINST HILL.
Mr.. Ronald's Report on the
Long Pending Cases.
AN EARLY DECISION PROBABLE.
Death and Lawyers Combinsd to Pro-
long Litigation - Tho Supreme
Court VIII Soon Decide.

In reply to the request Of the board OF county
commissioners, J. 7. Ronald, counsel for the
county in the suits against the late George D.
Hill and his bondsmen, has made the following
report on the history and present condition of
the suits. 1t will be seen that decision by the
supreme court on the merits of the cases may Be
expected any day. The report reads:
To the Honorable Board Of County Commits
sioners of King County, State Of Warrington
Gentlemen: In compliance with your request.
through the county auditor, for brief history
OF our doings. and the present status of the
three cases of the county VI. ex-Treasurer Hill,
We have the honor to submit the following:
During the month of June, 1887, three cases
were commenced by the county of King against
ex-Treasurer Hill-cause number 5,474, for $16,-
75s II being on the official bond OF ex-Treasurer
Hill, given for his term consisting of the years
1881 and 1882 cause number 5.475, for S. So be-
ing on the bond of Treasurer Hill for his term
consisting of the years 1858 and 1884; cause
number $40. for s29,75o.s4, being for the term
from the first Monday in January, 1855, until the
eth day of March, 1887. The three cases, after
being at issue, were referred to A. r. Colman.
esq. to take testimony and report his findings
of fact and conclusions of law.
Early in 1883 the trial of the causes before the
referee was commenced. The time consumed in
taking the testimony and arguing the cases
amounted to sixty-seven days Some time in
the latter part of the year 1855, the referee filed
his findings OF fact and conclusions Of Law, to-
gefher with all the evidence taken in the causes,
with the district court. This report was then
taken up and argued extensively before the late
Chief Justice Jones.
-Four days were consumed by counsel for the
spcctiye sides in the argument of the cases be-
fore the chief justice. Judge Jones died in Au-
gust, 1883, before rendering judgment in the
Boyle, who likewise died before the cases could
be heard before him. Judge Boyle's successor
was Judge Burke, who, by reason of his
having been one of the counsel in the
causes, was disqualified from hearing the same.
Early in March, 1889, Judge Burke was sue
cecded by Chief Justice Hanford, who, by reason
OF his having been employed as counsel in the
causes, was likewise disqualified from hearing
the cases. He exchanged districts for the time
being with Judge Calkins, OF the Fourth Judi
cial district, who held court in Seattle for the
purpose of hearing and determining these three
cases. On the 4th day of September, 1889, Judge
Calklns rendered judgments in the three cases
In cause numbered 5,474 he gave judgment in
favor of the county for the sum of $12.472. l6,
with interest thereon at the rate of 10 per
centum per annum from the first Monday OF
January, 1888 In cause number 5,455 he gave
Judgment in favor Of the county for the sum of
$5475, with interest thereon at the rate of 10 per
centum per annum from the first Monday of
January, 1885. Cause number 1870 was decided
In favor of the defendants and against the
county Appeals were taken from the decision
OF Judge Calkins in all three cases. Cause mum.
Der $40, which was decided against the county,
was appealed by the county, and causes num-
bored 5454 and 5,f7o, decided against the defend
ants, were appealed by the defendants. We
were compelled to make trip to Elleusburg, in
Kittitas county. in October, 1882 for the purpose
OF settling the statement of facts in the causes
appealed by the county. The defendants moved
in the supreme court to strike out the statement
of facts in the cause appealed by the county,
and for affirmance Of the judgment rendered by
Judge Calkins against the county. This motion
was argued extensively before the supreme
court in January, 1850, and on the S0th day
OF that month the supreme court handed down
an opinion striking from the record the state
ment of facts compiled and settled therein, but
denied the motion of defendants for affirmance
of the judgment of the lever court, and
ordered the cause assigned for trial upon it,
merits. Whereupon new and additional briefs
were filed by counsel for both parties in the
cause, and the same was assigned for hearing
upon its merits at the October term, 1890: and
during the month of November last the same
was argued before the supreme court OF the
state.
On the Sd day OF December, $780, the supreme
court reversed the decision of Judge Calkins
and remanded the cause to the superior court
under section 256 of the code of Washington.
After the rendition of this Judgment by the
supreme court George D. Hill was drowned
After the remittitur in the cause from the SUI
preme court was filed in the superior court we
filed a motion for substituting his executors
The court granted the order continuing the case
against the executors of General Hill deceased
The cause is now on the calendar of the supe-
- ~,ttt
the decision OF the supreme court the superior
judge must either make new findings and con-
illusions Of law and render judgment, or refer
the same to referee TO report findings and con-
illusions, upon which the superior judge will
render judgment: so that within the next forty
days this cause will be again heard by the supe-
rior judge and judgment rendered therein,
though we cannot say whether that will be the
final ending of the cause, as, whichever party
loses the judgment will. in ali probability, ap-
peal the same again to the supreme court.
The two causes numbered 5,474 and 5,415
wherein Judgment was rendered against the
defendants and in favor of the county, were by
the defendant also appealed to the supreme
court. The law allows party feeling himself
aggrieved six months within which to appeal
The defendants in these two cases waited the
fun six months before giving notice of appeal
The notice was then served upon the counsel Tor
the county at his residence at 10 o'clock on the
evening OF March 5, 1890, being two hours before
the expiration of their six months Counsel for
the county flied in the supreme court various
motions in connection with the appeals in these
two cases, such as motions to strike the trans
cript IRON the files for failure to perfect within
time, and motion 20 dismiss for non ioinder in
the appeal of all parties against whom the judg-
ments were rendered. These motions were from
time to time argued and denied. Time was Civ
en- the defendants to obtain a complete trans
eript OF the case fled in the supreme court. One
OF the bondsmen for Treasurer Hill, Hon. d. N
Hyde, having died alter the rendition of this
Judgment, IL now became necessary TO substi-
tute his executors and have the cause continued
as against him in the supreme court. This re-
qulred the furnishing to the supreme court OF
the records of the probate court of this county,
all OF which necessited further delay. After
obtaining an order from the supreme court sub
shutting the executors for Hon. d. y. HYDE, de-
ceased, the causes were again finally set down
Tor hearing upon their merits by the supreme
court at a day early in January, 1891. On the
day preceding the day set for the hearing of
these two causes in the supreme court, General
Hin was drowned; this necessarily again post
poned the hearing OF the causes They could
not now be heard until after the substitution of
General Hills executors; this necessitated more
delay. However. SIS soon as his executors were
appointed. application was made to the supreme
court u have them substituted in place of GEN
eral Hin. deceased, aud 10 proceed against them
ON the 18th day OF January, 1891. the supreme
court granted al order substituting the exeeu-
tors and continuing the causes against them,
and gave the defendants thirty days in which 10
6tP an additional hripf in. tbaSa aa,,Sa.