The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-13
THE CHARTER ISSUE.
Legal Proceedings on Validity
of Amendments
THE TEXT OF THE AFFIDAVIT.
Wiesenthal, Ono OF the Democrats De.
fsated, Claims That He Has Been
Duly Elected.

It has been decided that the test case as
to the number of members of the house of
delegates shall be brought by V. P. Wies-
enthal, who was one of the Democratic
candidates from the Third ward. Edgar
Lehman, who was a candidate from the
Second ward, and was himself shut out by
few votes, is the attorney for Wiesen-
thai. The papers will be filed in the supe-
rior court on Monday morning, and writ
asked for upon an affidavit. The title of
the case is state of Washington ex rel.
V. P. Wiesenthal versus the board of al
dermen, the house of delegates and H. W.
Miller. city clerk
Following Is the affidavit:
That at all times hereinafter mentioned tho
city of Seattle was and is still a body polite
and corporate with perpetual succession, hay
Ing city charter prepared and proposed by If
teen freeholders of said city, and ratified by the
qualified electors thereof on the Ist day OF Octo-
Der, 1890 in all respects in conformity with Sec
ton ten Q0) OF article eleven (XL) of the con-
stitution of the state of Washington and the
laws OF the state, and during all said times was
duly existing as municipal corporation OF said
state.
That under and by virtue OF the city charter
of said city of Seattle there was held in and for
said city on Tuesday, March s, 1892, general
election, for the purpose of electing a mayor
and members OF the city council OF said city for
the term OF two years commencing at IL o'clock
noon on the second Monday after the canvass
BY the joint convention OF the city council here
matter set forth.
That under the charter OF the city of Seattle,
as proposed, adopted and ratified as aforesaid,
and as in force on the day of said election, the
city council is composed of two houses, board
OF aldermen and house of delegates, and the
~f An
from each OF nine (9) wards, of which said city
is composed. That at each of said nine wards
two delegates for the city council wers voted for
aud received the highest mum Der OF votes there
for in said respective wards at said general cleo
ton.
That affant was voted for for delegate at the
Third ward OF said city at said city election and
received the second highest number OF votes
cast for two delegates TO the city council from
said ward. That at said election the whole
number of votes for delegates in said Third
ward and the respective number received by
each person were as follows, to-wit:
Eight hundred and five votes was the total
number OF votes cast for delegates in the Third
ward, of which 30l were cast for 7. Ryan, DEM
ocrar; 265 for V. P. Wiesenthal, Democrat; 245
for Fred Fay, Republican; 236 for - friedrich,
Republican; "a for - Drager, Peoples party;
81 for - Noyes, Peoples party; 20 for -
Knowles, Prohibitionist, and Is for - Upper,
Prohibitionist. That said votes were duly
counted by the judges and clerks of election in
said ward, and certificates showing she votes
cast a. aforesaid were duly made and certified
by the said judges and clerks to the city clerk Of
said city in all respects as required by law. and
said certificates were, on the 18th day of March,
1892, duly laid before the joint convention hero.
matter mentioned.
That on the evening Of Friday, March IL, 1892,
the same being the first Friday evening after
said election the city council Of the city Of Sc
attic met in Joint convention at Seattle, to can
vass the returns of said election and to declare
the result, and to declare what persons were
elected at said election and to furnish to the
city clerk of said city Of Seattle o statement Of
the same in pursuance OF section OF article
XVIII Of the city charter Of the city Of Seattle,
providing for elections; and said council, at
said joint convention, canvassed said returns
and ascertained the respective number of votes
received by each person for delegate from said
ward to be as hereinafter set forth. but said
city council in joint convention then and there
declared that only one delegate had been elected
to the city council from each ward OF said city
of Seattle, and only one delegate from said
Third ward, to-wit; Timothy Ryan, and that
the one person having received the greatest