, 1892-05-04

the statute, fasten an Indebtedness against
the property of his statutory principal"
he can do the same thing iii Chicago or in
London. 1t must not be forgotten that
the exercise of the powers of this agency
do not create remedy, but right. In my
Judgment this statutory agent had no au-
thority whatever to bind these defendants,
or their property, while acting without the
state of Washington. The contract was
made within the state of Oregon, and the
material Was delivered to the contractors
within said state, and when the same came
into the state of Washington, the title to
the materials was in the contractors, and
placed in this building as materials fur
nished these defendants by Lansing &
Baymer. Our lien law was not operative
at the place where the materials were sold
and delivered to the contractor, aud the
authority conferred by statue upon the CON
tractor, cannot be exercised without the
state.
AS to the second propositlaA touching
the personal liability of these defendants,
| have no doubt both upon principle and
authority, that the contractor, as men
toned in our mechanics lien law, has no
power either within or without the state to
make contract that would subject his
principal to personal liability Or judgment.
Dealing with individuals within the state,
he may make such an agreement with ref
erence to materials or labor as will subject
OA1C pIOpOlVy VI I11C Oh44SA w q lLCll pllO4O-
for, but not beyond this.
But this lien notice itself, is insufficient,
and creates no right either against the
property or the individual The lien fails
to state the amount due for materials, and
the amount due for labor separately, and
hold that this statute requires these
amounts to be stated separately. Not an
itemized account, but the sum total for
material and the sum total for la
Dor, and that the blending Of the two to-
gether in one aggregate amount is abso
lutely fatal to the validity of the lien. The
following authorities discuss these princi-
pies;
Phillips on Mech. Liens, secs. "a, 70, 116,
212 and 307.
78 N. Y. Reports, page 80.
II Mo. Reports, page 1853.
GIL H. Reports, page 285.
l The demurrer is sustained All exception
allowed.
J. w. Robinson, Judge.
B. r. Dennison for demurrer.
Eddy, Gordon & Agnew, con. ira.
STATE POLITICAL POINTERS.
There is serious split in the democratic
ranks in Tacoma.
Squire and Allen both voted aye on the
Chinese exclusion conference bill.
The P.-I. is afraid the Seattle canal
scheme ito enlarge the Pacific ocean" will
fall through and is covertly threatening
the Puyallup reservation matter and some
appropriations.
The Spokane Spokesman claims that
Notwithstanding the fact that there is or
ganized opposition to Congressman John
4 L. Wilson that the gentleman will be re-
turned to congress, simply on the record
he has made in that body.
Nearly 700 voters have so far signed the
petition asking for the removal of the
county seat from Oystervllle to South
Bend, and the outlook is that twill reach
1000. This looks encouraging. South
Bend is alive. OysterYille is dead.
4 Edward S. Barlow, ,eea of Tyres Berlow.
A has been notified Of bis appointment as
marshal Of the consular court of the
United States at KanagaWa, Japan. 1t is
the end of a long fight for this appoint
.ment and is victory for Tacoma, mas
much as the other applicants for the posi-
tion were from California.
Tt is rather amusing to note the scarcity
of eligible timber in the democratic ranks
for use as candidates as state officials. The
unterrifed Whoopers-up are now bowling
for Dude Lewis and declaring him capable
of sweeping the state in the race for gov
ernor. Socially and personally Mr.. Lewis
is understood to be very clever person
DuU ne Is as Iar removed TN MS own GSDl
mation) from the common people as the
horizon is from the zenith. The farmer
the mechanic, the ordinary mortal prefers
to assist into office man possessing
stronger qualifications thon that alone o
being a recognized authority upon The
proper cut of coat.-Big Bend Empire.
Free Trade Senators Fooled.
WASHINGTON, May 4.-In the senate th
other day Senator Vest and several other
) on the democratic side worked themselve
up into quite a frenzy over the fact that
Brazilian line ofsteamers refused to receiy
+ or discharge merchandise at southern
! port, greatly to the disgust of the mel
I chants of several southern cities. Mr.. Yes
! and the others based their arguments upoi
the statement that the steamers were sui
Z sidized under the new law to carry Unite
States mails, and that they should be mad
1 to land and transact business at Newpor
I News. They were furious at the discrim
: ination displayed, and denounced the sui
; sidy system, the administration and th
/ republican party. The next day they dis
4 covered that the steamship line in questio
I had never received a subsidy from the goy
! ernment and had never asked for one.
: Senator DoIph7s Poker Hand.
/ WASHINGTON, May 4. Some one ha
Q started a poker story on the venerable Ser
Q ator Dolph which may or may not be true
!. Its authenticity may be doubted, becaus
Il KEr Tol ~, 1,,os fera oon,1saI ,f "a =