The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-27

Judge Jacobs Reply to Recent Com
munfcafi0n.

lew days ago the board of public works adj
creased letter to the city council reporting
that no bids had been received for the Broad
way bonds. and intimating that some lawyers
mad questioned their legality, as they bound the
city for a debt not sanctioned by popular vote.
1t was referred to the aldermen's judiciary COM
mlttee, OF which Mr. Amasa :. Miller Is chair
man, and he In turn submitted IL to Judge
Jacobs, who makes the following reply:
"A communication, addressed by the board of
public works TO the city council, has been re-
| ferrec to me by you While there is but one
point In this rather remarkable communication
that requires any expression or giving OF an
opinion by me, there few things that re-
Quire brief notice
This communication speaks OF the opinion
ofnany attorneys, and also of eminent attor-
| neys. The board Is to be congratulated on the
number and quality OF its legal advisers, and
the bar Is equally to be congratulated its
generosity, for cannot believe that this is an
industrious collection of curbstone opinions
and funneling Of that up 10 the honorable city
council. make no complaint of this, however
II the honorable board OF public works think
this due courtesy to coordinate branch of the
city government. all right. There is slight
defect In the proof OF the publication of the
joint resolution for the improvement OF Broad
way; the word consecutive is omitted iu the
proof. The publication, however, was consecu-
tive Tor the requisite term. AS as my atten-
tiOA WAs Sdlicu 10 IL DAD an Amended maze
ana placed on file, have required that proof OF
the publication of all notices, resolutions and
ordinances should, as soon as the publication
was completed, be placed on file in the clerks
Office, so that complete record should exist
IN that Office. Prior to this administration moth
ing of the kind was DONE Heretofore it has not
been customary or deemed necessary to have
these proofs on file at all. III the objection pub
licly raised by the honorable board Of public
works is valid one invite them TO contem-
plation OF the consequences applied to pend
Ing litigation. There are times when.silence, IL
not golden, Is at least prudent Let no official
aid or encouragement be given to litigants
against the city. While believe the clerks Of
flee should contain full and complete record
OF the proceedings OF the city council and of all
the proofs required by law, yet cannot agree
even with eminent attorneys that such filing
OF proofs Is absolutely essential to the validity
OF tan ordinance or notice. II the fact of publi-
cation exists, and the publication was for the
time and in the manner required by law. the
question as to when proof was filed in the Office
OF the clerk, whether before or after a certain
day, generally is not essential. / possibly
need remind eminent attorneys that some stat
utes are imperative and some merely directory.
This communication requests your honorable
body TO direct the corporation counsel to get up
friendly suit against the city on the local inn
proyement bond question. I thought was TO
defend the city and its affairs in ali litigation
brought against ii, or wherein the interest of
the city was involved. There is enough of the
actual in city affairs without any shamming.
am not a good swearer. and am too old-fash-
Toned to swear that the city comptroller, Tor in
stance is about TO and threatens TO issue local i'm
provement bonds, when / know the good man
does not intend TO do anything of the kind, or
If he was could not say IL was unlawful. Let
some OF these eminent attorneys do that thing.
But IL may be said that this may all be omitted.
q a tall fhn 0srna at,r ~
that there is some doubt about whether the city
can issue local improvement bonds without
vote Of the people, and ask them to decide the
question. That would be much cheaper and
simpler. But will probably be told this can
not be done. That You must sham your way up
to the supreme court Ours is a liberal and
| generous court, but in my judgment attorneys
| will hear something about these sham suits
from the supreme court some day not distant in
| the future"