Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1891-07-01
CITY OF new WHATCOM
The Dooley- Waity Franchise
Granted by the City
Council
Anti-Chinese A Resolution Draft
ed by the Citizens
of Blaine
The Anti i-Consolidationists Fire
Their First Gun by
Bringing Suit

The following new suit were filed with
C. C. Hixon, clerk of the superior court,
yesterday:
The state Of Washington eX rel A. 5.
Cole, county attorney of Whatcom
county, relator, VS.. the city Of New What
com, viii ID. jenkins, George Cooper,
Ellery Rogers, w. J. Simonds, +. Fisher,
n. f. Blomquist. Morris McCarty and W.
NJ. Leach, defendants.
To the Honorable Judge Winn, judge
Of the above entitled court: The under
signed residents and tax payers OF the
city of New Whatcom respectfully petit
tion this court, and show:
First-That in the opinion Of the petit
tioners, and many other residents of
Whatcom, the proceedings for the consol-
idation of the cities OF Whatcom and New
Whatcom, as taken on or about Jan. 27,
1891, were unconstitutional and void, and
that the present consolidated municipal
ity of New Whatcom is now acting under
and by virtue of said proceedings of con-
solidation as a de facto corporation with
out leg Il authority.
Second That at this time there exists
in the minds of the public at large such a
doubt as to the legal existence of the con-
solidated municipality. That the public
credit is impaired to such an extent thai
neither its warrants or bonds can be ne
gotiated, except at discount, nor can con
tracts be made by said municipality upon
appropriate and reasonable terms, anC
the several departments OF said munich
pality are impaired by the want of public
confidence in the corporate powers OF said
municipality.
Third That many Of the banks and
leading fnanciers i'm said city have in
structions from their counsel, and there.
! fore refuse to purchase warrants OF said
city or other city engagements, by reason
of the doubt existing as to the corporate
existence of our consolidated municl
pality.
Fonrth-That the only manner IN
which public confidence can be restored
and the credit of said municipality estab,
| lished, is by the procurement of judicial
determination as to the legal status o
the municipality.
Fifth-That a committee, composed o
your petitioners and other leading ciu
Zens OF said city, have taken counsel as tC
the legality of said proceedings for con
soidation, and have procured from saiC
counsel written opinion concerning tht
same. and are thereby Informed that salt
consolidation of the cities is defective ant
void. and that the present consolidated
) municipality OF New WhatcOm is actinl
without legal authority.
SiXth-That the accounts and finance
OF the old city of Whatcem and the OLE
city of New Whatcom are now beinl
merged and confused in such name
that should proceedings for the determi
nation Of legal proceedings Of said cite
be longer deferred it will be impOSsibl
to restore such accounts and finances Z
their former condition.
Seventh-YOur petitioners further stat
that whatever may be the judicial de
+, termination as to the legality OF said con
solidated proceedings great loss and IRE
parable injury will result from furthe
deferring said judicial determination an
great benefit will result from speed
adjudication upon the subject, whethe
such Indication be for or against Tn
: legality Of such consolidation OF citie'
Wherefore, your petitioners pray that th
honorable court will make an order direct
/ ing the county attorney OF Whatcol
county to file an information against sal
Z consolidated municipality and the officer
Q of the same to the end that a judicial dc
q termination may be speedily made as
/ the corporate authority OF said consol
n dated municipality.
= II. G.. Nicklin, Robert Knox, w.
A Leitch, w. II. Fouts, c. G.. Hopkins, }.
!. Hill, William LegOe, Il. II. Marcy, w.
s Miller, j. II. Hutchinson, l.. Marti
s Jonas Gear.