The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-11

"vs s0usueo Win 0aroners report, but en-
pioysd men 70 go down himself TO report for
him.
A recess was taken for an hour.
Joseph Stevens. foreman Of the tunnel;
r.. w. d. Holbrook, secretary of the board
n. G. Alexander, street superintendent:
Jesse Cochran, Democratic commissioner;
Thomas R. Woodaman. blacksmith: John
Manning and Elias Pittinger were exam
ined to show what part MI. Hebron had
taken in the board proceedings.
e. A Strout testified a to Mr.. Hebron
having transferred his stock in the
washington Territory Investment Com
pany in February, 1890
his closed the case for the city, and Mr..
burleigh called Mr.. r. A. Hill, civil and
mining engineer, who testified - follows:
The work on the Lake Union sewer tunnel
was done ~ we'll as any men could have done It,
considering the difficulties; he saw nothing in
the plans or work to condemn it.
Cross-examined by Mr.. Blaine-His experience
OF tunneling had been mainly In coal mining:
ne had been in the tunnel two hours.
Edward Morgan testified that he had
been state mining inspector; he visited the
tunnel and considered the work as well
done as it could be; he had made the in
vestigation at the request of the mayor,
and had made report to him..
u. H. Hebron was then placed upon
the stand and testified:
He had had general supervision and control
OF all the public works of the city; when first
appointed he had spent considerable time ex-
aiming the general condition of the city, and
in the course of the work had inspected all pub
lie works: for some months the board met daily;
the members agreed to divide the work of the
81 a an mon nhopf rnH n{oln -
particular branches; Major Rinehart took
charge OF electric lighting, for instance; Mr..
Cochran took the streets, and he took charge of
ali financial business Mr.. Hebron then gave
his view of the duty of members.
Mr.. Hebron was subjected to q long
examination in order to show the extent
of his supervision Of city matters and the
time he had devoted to them. For nearly
two hours Mr.. Blaine kept up succession
OF questions, but utterly failed to shake
the position taken by Mr.. Hebron as to
the performance of his duties. Major
Rinehart was called. but only answered a
few technical questions.
Mr.. Blaine then addressed the court,
arguing that the charter had not been
lived up to by Mr.. Hebron, and if not,
he thought it the duty of his honor to re-
move him.
Mr.. Burleigh said he had listened to the
argument of Mr. Blaine because he had
the reputation of being q lawyer, and he
addressed himself with interest to his
honor because he knew him to be q
lawyer. He called attention to the ques-
tions that were being tried by his honor;
but he claimed that the court had per-
mitted the counsel presenting the charges
to violate the usual rule of law that the
most liberal application was to be made in
presumption of innocence. Mr.. Burleigh
reviewed the evidence, and made the point
that duties could be imposed upon the
board by ordinance. but in the absence
of any specific provision they must
depend upon the charter. This very
clearly declares what shall be the qualifi-
cations Of members.
The mayor interrupted to ask whether it
was mandatory on the board to appoint
officials whether there was need of them or
not.
Mr.. Burleigh pointed out that this was
not a general law, but charter drawn up
by freeholders for the purpose of meeting
existing conditions.
"But is it the duty of the board to ap-
point officers only when they are neces-
sary7" asked the mayor.
81 think So" replied Mr.. Burleigh; sit
is within their power, and when necessary
it becomes their duty"
"That is the point in this matter" re-
marked Mr.. Ronald.
Mr.. Burleigh renewed his argument,
showing that Mr.. Hebron was charged
with not having superintendent the sewer
tunnel, yet the charter devolved the duty
not upon him but upon the board Of pub
lie works. He told the mayor he knew
perfectly we'll. as matter of law, that no
act which Mr.. Heilbron had done or
might have attempted to do won Id have
been recognized as duty performed un-
der the charter if he did not do it as
member of the board while the board was
in session. The only things the board or
the members had power to do were in the
manner, at the place and at the time pre-
scribed by the charter.
1t was never contemplated by the char
ter, or if so it did not say SO, that the men,
bers of the board should go down into the
bowels of the earth, into sewers, into
ditchss. or look on at the laying of pipes,
giving directions to the men. It was in
tended that they should attend to the i'm
portant matters of a great city and not the
minor details It might be as well said
that the mayor, because a supervision is
imposed upon him, should attend every
fire or run out every time the patrol wagon
was rung for. The intention was that the
men filling such offices should not toll
with their hands, but should work with
their brains. think out plans, devise means,
formulate works which should be given to
the agencies and the instrumentallties
provided for the purpose.
The charter provides for rotation in
office, and it was clearly intended to pre-
serve it from changes of administration
by fixing the tenure of officers, and
to protect the Office from partisan
influence, and that its subordi-
nate appointments should not be the fruit
of victory snatched by political faction.
He felt that any attempt to remove these
men would be prostitution of high office
to political considerations, and the conse-
ouence q mere distribution Of rewards for
partisan zeal.
Counsel then argued that the forbidden
interest contemplated by the charter was
an intentional and not resultant benefit.
As to Mr.. Blaine's suggestion of con-
tract by the board with company 95 per
cent. of whose stock was held by members
of the board, he replied that the circum-
stances would show willful and inten-
tional motive which would be wholly
wanting where the interest was SO triiing
as shown in this case.
He concluded by declaring that the
mayor should decide this matter as man
of honor and lawyer; and counsel felt
convinced he could not remove either OF
~, e. AL 80 sic or