The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-13
THE ELECTION NULL.
Incorporation Of Town Of Ana
c0rtes Restrained.
4 VICTORY FOR ELIJAn SMITH.
Judge Hanford Grants IN Order Re-
straiains skagit Comnisssoners From
Canvassine Returns Of Election.

Judge Hanford Grants m Order Re-
straiaing skagit Comnissleners From
Csavassing Returns Of Election.
In the United States circuit court for the
district OF Washington, Northern division,
Judge Hanford rendered decision in fa-
vor OF the plaintiff in the celebrated
suit OF Elijah Smith VS.. the Board Of
County Commissioners Of skaeit county.
involving the validity of recent
action toward the incorporation Of the
town OF Anacortes. The material issues Of
the case which was strongly contested by
Colonel J. c. Haines, Eben Smith. w. Lair
hni. Battle & Shipley and Smith & Lit
tell for the plaintiff, and Prewett & Meg
quirc and Seymour e. Jones for defendants,
follows:
Hanford. !.
IRIS case has been heard upon the plaintiffs
sppucafion Tor an order 10 restrain the board Of
county commissioners OF Skagit county, in this
ss4te, until Hnal hearing can be had from can
vssaing the returns of an election. which has
oeen held lor the purpose of efecting the incor-
porstion Of the city Of Anacortes, under gem
poration Of towns and cities ana from a maiiDr
ccftlncate pursuant to said statute. declaring
the result OF said election and the legal iucor-
show prims facie the legal right Of the several
persons elected ~ officers of said city to exercise
the powers appertaining to the officers of
The plaintiff contends that the election was
Irregular and void, and that no lawful munich
PAL government can come into existence by
means thereof. because: !, the board OF
county commissioners of the county did not
prior TO ordering said election adopt any means
lot ascertsinirg the number of Inhabitants re.
siding within the boundaries Of the proposed
cry: 2, the notice pursuant to which the elec-
uOn was held was issued by the county auditor,
: .na olo not purPort 70 have been Is
number OF inhabitants of the proposed city q
ascertained by the board; 4, the boundaries in
ciudes In part the harbor and navigsble waters
In front OF the proposed city; 5, the Law in re-
gard 70 the registration of voters has not been
complied with, and none Of the persons who
voted At said election were registered as legal
the site OF the proposed city is situated
The plaintiff. who il q nonresident OF the
county, owns valuable land within the limits of
which win be subject to taxation and assessment
for municipal and street improvement pur-
poses, and TO the control and uses which q mu-
such property. He alleges that By reason Of his
ownership of said land be will be especially In
Jured By the unlawful exercise OF the govern
appertain to an Incorporated city.
The particular provisions OF the statutes
which affect the several questions 1t issue are as
"An act providing for the organization, CLASH
hcation, incorporation and government of
municipal corporations, and declaring an
emergency:
SECTION i. Any portion of a:counsy contain
Ing not less than 800 inhabitants. and not
Incorporated as . municipal corporation, may
, become incorporased under the provisions Of
powers conferred, or that may be hereafter con-
ferred, by law upon municipal corporations Of
the EEL class to which s.,s the same may belong
the board OF county commissioners of such
county, signed by It least sixty qualified electors
Of the county, residents within the limits Of
such proposed corporation. which petition shall
set forth aud particularly describe the proposed
boundaries OF such corporation, and state the
number o. inhabitants therein as nearly a. may
be, and shall pray that the same may be incor-
porated under the provisions of this act.
when such petition Is presented, the board OF
county commissioners shall hear the same, and
not exceeding two months In all; and on the
final hearing shall make such changes in the
proposed boundaries a. they may find 70 be
boundaries, and shall ascertain and determine
how many inhabitants reside within such boun-
diaries: Provided. That any changes made by
include any territory outside the boundaries de-
scribed in such petition. They shall then give
notice of an election to be held in such pro-
Ing whether the same shall become incorpor-
ated. such notice shall particularly describe
the boundaries SO established. and shall state
number of inhabitants SO ascertained TO
reside therein, and the same shall be
published for at least two weeks prior to
lished within such boundaries or posted, for the
same period, in at least four public pisces
therein Such notice shall require the voters to
cast ballots, which shall contain the words ssFor
mr.
words equivalent thereto: and also the names OF
the persons voted for TO fill the various elective
pal corporations OF the class to which such pro-
posed corporation viii belong.
''sec. 3 Such election shah be conducted Ia
accordance with the general election laws OF
the state, and no person shall be entitled to
vote thereat unless he shall be qualified cleo
tor OF the county, and shall have resided within
the limits OF such proposed corporation for at
least thirty days next preceding such election.
The board of county commissioners shall
meet on the Monday next succeeding such
election and proceed to canvass the votes
cast thereat: and ii upon such canvass, 1t ap-
pear that majority OF the votes are for incor-
poration, the board shall. by an order entered
upon their minutes, declare such territory duly
Incorporated as municipal corporation of the
class TO which the same shall belong, under the
name and style of the city Tor town as the case
may bcl o. tnaming in, aud shall declare
the persons receiving, respectively, the highest
number of votes for such several offices, 10 be
duly elected to such Offices. Said board shall
cause copy of such order, duly certified. 10 be
flied in the Office OF the secretary of state. and
from and after the date OF such filing such incor-
poraiion shall be deemed complete, and such
officers shall he entitled 10 enter Immediately
upon the duties OF their respective Offices. upon
qualifying in accordance with law, and shall
hold such Offices. respectively. only Iatil the
next general municipal election 10 be held in
such city or town, and until their successors are
elected and qualified.
IAN act TO provide for and to regulate the regis
t-aton OF voters in cities and towns. aud in pre-
ciucts having voting population Of two hun
dred aud fifty g2sel or more.
section !. In all cities and towns. sa. all rot
ing precincts having a voting population OF two
hundred and fifty la5ll or more. who are entitled
Der OF votes cast at tie preceding general cleo
ton, there shall be REGISTRATION OF voters prior
10 sill general and municipal elections, as herein
provided.
.sec. 4. 1t shall be the duty of all citizens OF
such city, town or voting precinct, after the
opening OF the books, as herein provided, to ap-
ply 10 the city or town clerk. or officer OF regis
iration. and be registered therein. such times
or time as said books shall be opened for that
purpose, provided in this act; ana such regis
irstion when made As in this act provided, shsil
ensitle such citizens 10 vote in their respective
wards and precincts If such citizens are other
wise legally qualified voters at such election,
and have so caused themselves TO be registered,
such REGISTRATION shall be prima facie evidence
OF the right OF such citizens 70 vote at any elee-
ton held in such city, town or precinct suhse~
auent 10 such registration. and preceding the
first Monday Of January ~. Ie Il .nsseait, s,
any election In any such city, town or precinct
who 10 nos registered according 10 the provisions
of this act
elector within the county OF skagif, Is not en-
titled to the privilege which an elector would
have Of contestins the election in the manner
provided by the statutes LII tae organization Of
9 de 51rto municipal corporation becomes per-
fex led his property viii De subjected ~ The con-
troll OF others and TO that extent he viii be de-