Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1891-07-03
The COLLEGE STATUS
The Application for writ of Prohi.
bition Came up Before the Supreme
Court Saturday.
Explanation of the Standing of the
Case. and the Law in the
Matter.

Olympia, Wednesday evening, where he
had been in the interest of the agricultu-
raj college. Mr.. Neill is conversant with
the facts and the law in the college case,
and was interviewed by the HERALD
yesterday. The HEBALD's first question
was:
"What will be the effect if the supreme
court grants the writ of prohibition in
the college case?"
"A writ of prohibition is one issued by
superior court to an inferior tribunal to
prohibit such inferior court from pro-
ceeding further in any matter before it.
1t Is what is known as one of the extra
ordinary legal remedies, and can only be
resorted to in cases where the slower
process of appeal would not give the ap-
plicant complete remedy. In the col
lege case Judge Campbell, a superior
Jndge of Pierce county granted an in
junction against the locating commits
sioners and board of regents, stopping
| them from proceeding further in the
matter of building the college, and also
enjoined the state treasurer and auditor
from auditing and paying any warrants
on account of the college. To appeal
from this would take several months be-
fore the matter could be heard, and in
the meantime the state would suffer
great injury by having one of its most
Important state institutions delayed.
There is an important principle involved
In this case: If a private citizen of va
kima county can enjoin the officers of the
agricultural college then any citizen can
enjoin the officers of any of the state in
stitutions, the result of which would be
to place IN the hands of individuals the
right to suspend state government by
enjoining the state officers from doing
their duty under the law, which would
be contrary to the principles of our
governments. If the supreme court
therefore refuses to grant the writ of
prohibition in this case it will establish
a dangerous precedent. If, however,
the writ is granted the effect of it will
be to annul the order made by Judge
Campbell, and the regents will be en-
abled to proceed with the college,"
son what ground did Judge Campbell
grant the ihjunction?"
'aTIiffe=a-E-eE7 :;e,vroraI grespds- alleged
in the complaint, among which was that
the commissioners were not legally ap-
pointed, and that fraud was practiced by
Lieutenant Governor Laughton and two
of the commissioners"
what is the fact about the commits
sioners not being legally appointed?"
''This is a question of law on which
the superior court is asked to pass. The
law required the commissioners to be
appointed by the governor by and with
the consent of the senate, and as these
commissioners were not confirmed by
the senate, for the reason that the SEN
ate had adjourned a few hours after the
bill passed, it is claimed that they are
not legally appointed; on the other hand
it is contended that the constitution
makes provisions for appointment OF
such commissions and, therefore, the
governor has the right to make the ap-
pointment to fill the vacancy when the
senate is not in session, and also, even
granting that they are not what is called
constitutional officers, it is claimed that
they are still officers and therefore
whether legally appointed or not their
acts already performed cannot be in
quired into. Their acts are the acts OF
defacto officers and are as binding as il
they were legal officers"
"What is the meaning of a defacto
officer?"
He he one who acts by authority, but
whose appointment or election may have
been defective. He is an officer in fact
but not in law"
"Do you consider the contention that
the commissioners are merely agents OF
any force?"
'In my opinion the law will not sup
port that proposition"
'What is the difference between an
officer and an agent?"
I'm reality all officers are agents but
agents are not officers. The real die
tinction is, as 1 understand the law, that
an officer is one who derives the right to
do public duty or employment from
the law, while an agent is one who de-
rives his powers and duties from con-
tract. To illustrate in this case: the law
said the commissioners were to locate
the college. The power therefore to To-
cate was derived from the law, but if the
law had required the governor to enter
into contract with three persons to ex-
anime the different sites and report to
him then their power would have been
derived from the contract. I am there
fore convinced that these commissioners
were officers and not agents"
''Will the case now before the supreme
court decide the matter?''
"Not necessarily; that will all depend
on the position taken by the court.
There are two questions before the court;
first: Has the supreme court the right
to issue writ of prohibition in such
cases as this where an appeal lies? Sec
ondly: are the facts in this case euch as
to warrant the court in issuing the writ
Now, if the court should hold that where
an appeal can be taken the court cannot
grant writs of prohibition, then they will
refuse the writ, and the defendants Will
have to appeal from Judge Campbell's
decision to the supreme court, and they
will then pass on the merits OF the case
and decide whether or not Judge Camp
bell did right in granting the injunction.
But on the other hand, if the court issue
the writ then that settles the matter SO