Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-05-05

nance, and in the event of failure "a
comply to notify the marshal, who was
directed to arrest the offenders without
delay and have the city attorney prose
cute them.
Discussion of the Schering suit was
again resumed and waXed warmer and
warmer as the various councilmen eX-
pressed their opinions Of the matter.
said MIR. Donovan: "At the time the
necessary incorporation steps were
taken the city had to aid it the counsel
and guiding hand of the Honorable IL
Y. Thompson. If the city is not
legally incorporated the fault is his.
Now comes his partner in this matter
with declaration that is little short Of
an outrage upon the city and its peo-
pie. The city of WhatcOm was incor-
porhled about the same time and i'm the
same manner Months afterward the
validity of the incorporation was at
tackled upon much stronger grounds
than 1 understand to be alleged in this
case and the movement was backed by
a strong following. The incorporation
stood the test in every particular. but
II cost the city considerable sum to
defend the case. Irepeat that think
this allegation is entirely uncalled for
y W
that the question has been raised am
in favor Of looking it squareiy in the
face, and settling it at once and for all.
Mr. Griffin looked upon il as a dirty
slap in the face of the council and the
| people, and the men who are backing
the attorney who makes it are dirtier
than he is" '"That's right said Mr..
Donovan. "Its a low trick" said
Mr.. Ahern. Speaking again, and re-
ferrlng to the resisted Mckenzie avenue
assessments in general, MIR. Griffin
said: II shall never vote in this coun-
cll Tor the compromise Of single cent.
These people either owe all of this
money or none of itn ~
will stay right with you on
that proposition" said Mr.. Donovan.
Mr.. Kinghorn expressed the belief that
THE man who has filed this case is
backed by strong combination; the
move was determined upon months ago.
The case was not brought before be-
fore because they have been waiting
To get someone to act as a figure head
for them" Referring to the suggestion
OF Mr.. Griffin that all public work be
stopped and employees of the city dis
charged pending the result OF the
action brought, Mr.. Kinghorn thought
IT unnecessary To resort to such
severe measures, but believed
1t advisable to suspend all unnecessary
work until the matter was set at rest
for all time.
At this juncture Deputy Sheriff Esta. |
brook entered and served upon the !
mayor and council the writ of certiorari, |
citing them TO appear forthwith" and |
produce the original or certified copies of 1
all the records relating 10 the Mckenzie /
avenue assessment, payment of his por- /
ton OF which plaintiff Schering re-
sists.
Mr.. Griffin remarked that the in
formation contained in the HERALD /
was evidently correct, and moved that
the matter of the city's defense be left |
In charge of the mayor and city at. /
toruey, and upon the suggestion Of
Mr. Donovan, authority was granted |
TO employ additional counsel if deemed |
advisable.
The following resolution was sub.
mitted by Mr.. Kingdom, and offered
by Mr.. Aubrey as a motion:
WHEREAS, In certain suit now
pending in the superior court of theState
of Washington, In and for Whatcom
county, it is alleged that the City of
Fairhaven is not a legally Incorporated
city, and
WHEREAS, In the event of this allie.
CATION being sustained by law, any ac.
ton of the city council of said CITY
would be invalid and of no effect,
therefore, be it
ResOtred, That before engaging in the
dispatch of further public busines, this
city council shall use all reasonable en-
deavor to ascertain their legal rights In
the transacting Of business on behalf of
said city and shall and do hereby in
struct the mayor and city attorney to
secure hearing of the cause herein re.
ferred to at as early a date as possible.
Mr.. Kinghorn desired to amend so
as to permit the allowance of bills then
before the council, but Mr.. Aubrey de.
clined to accept the amendment and
said he would vote against all bills
until the incorporation question is
definitely settled. Mr.. Ahern thought
all accrued bills should be paid. Mr..
Donovan regarded the resolution some-
what i'm the nature of confession Of
weakness and believed II would be un-
wise to adopt 1t. The mayor and at
torney having been instructed and
TO defend the city's rights,
he believed in going ahead with public {
business as usual. He thought the
action would result in manner that [
would reflect anything but credit npon
those who brought it. The mayor con- /
cured Ia this view. After some fur {
ther discussion the resolution was
and the executive COM {
mittee reported favorably upon the
bills, which were allowed
and warrants ordered drawn i'm pay
ment, Mr.. Aubrey alone dissenting: '
Electric Light Co. s 531 80 /,
Water Co. o..................... 800 90
u w Francis. s................ 90
Farhaven Il Il Il Co........ / 90
Hakes & Dickinson, road work $40 90
Voice q Mckenzie, sewer " 3,S42 80
A Mckenzie, postage and tel. 80
Moore d Moore, stationery. 6 S5
Mullen & Strong, printing. 90