The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-24
LAWS AID INVOKED.
Hebron Brings Suit to Dust
Van BrOcklin.
MAYORS POWERS TO BE TESTED.
Circuit Judge Gilbert VIII Hold Court
in Seattle Next Week-Suit to
EpJoin the Sheriff.

removed from office as a member of thu
board of public works by Mayor Ronald,
who appointed J. ". Van Brocklin as his
successor, brought suit yesterday in the
superior court to Gust Van Brocklin and
TO have the court declare himself entitled
TO the office. The suit is instituted to test
the Legality of the mayors action. AT.
Bureigh, the plaintiffs attorney, said last
night to a Posr-INTELLIGENcER reporter
concerning the matter:
The suit is brought to determine whether Van
Brocklin is rightfu!ly holding the Office. and
that, OF course, depends on the legality of He'll
t-on's removal. We shall make fight both of
the law and the facts OF the case In the first
place we shall dispute that the mayor was
legally authorized 10 make such removal and
IN the second place shall maintain that the
facts did not warrant the removal.
The full text of the complaint led in the ac-
ton ia as follows:
To The Honorable the Superior Court for the
County Of King: The state OF Washington on the
relation o. George ii. Hebron, by leave of the
court first duly had and obtained, comes now by
his attorneys, Bu-leigh, Gamble & Burleigh,
and flies this information against the defendant
herein, and alleges and informs the court:
l. That the city of Seattle is municipal cor.
poration. organized and existing un Ter the con.
stitution and laws OF the state Of Washington,
and the charter adopted by its qualified electors
at an election duly held on the LIST day OF Octo-
Der, A. d. 1880. according to law, and has been
such municipal corporation at all times herein.
after mentioned, which said charter when SO
adop' ed was immed atety thereafter recorded by
the clerk OF said city in q book provided and
kept for that purpose and known the charter
book of the city OF Seattle. and hen SO recorded
was attested by the clerk and mayor OF the said
city under the corporate seal thereof
III. That al the first meeting of the city council
held after the abortion of said charter, which
said meeting was held at the city hall in said
city OF Seattle OIL the l4th day of October, A. D.,
1892 the relator was duly nominated by the
mayor TO be member OF the board of public
works of said city for term OF three years IRON
and after the first Monday in January, 1891, and
until his successor shall be appointed and quail
flied, and was appointed to such Office by said
mayor by and with the advice and consent OF
the board of aldermen for the aforesaid term,
and that at the time of said appointment he was
an elcctor and freeholder OF said city. aud that
he had resided In said city continually for more
than three years next before such appointment,
and that he Is a native born citizen of the
United States OF America aud that he was then
and still IL able to read and write the English
language. and Was appointed as one OF the two
Republican members OF said board.
Ill That within three days after the con-
public works, TO wit, on the 10th day of October,
A. D. 1890, be, with the two other appointed
members OF said board. met at the Office of the
city clerk and proceeded to qualify by each
taking and subscribing an oath before an officer
authorized to administer oaths, that he possessed
all the qualifications prescribed for his office
by said charter, and that he would support the
constitution Of the United States and of the
State of Washington, and the charter and ordi-
nances of the city of Seattle, and that he would
faithfully demean himself in Office, which said
oa,hs were duly filed with said clerk. and that
they Immediately afterwards organized said
board Of public works and entered upon the
discharge of their duties as such board, and as
members thereof. pursuant to the requirements
OF said charter
". That ve- since the last mentioned date
he. as mem e. of said board. has been In the
actual discharge of his official duties such a
member, and in the receipt ana enjoyment Of
the salary attached thereto, and said board has
been from said last mentioned date In the exer-
else OF all the powers and in the discharge OF all
the duties imposed upon II by said charter and
the ordinances OF said city; and that from said
last mentioned date said relator continued
faithfully in the discharge OF his official duties
ssmember OF said board OF public works, and
10 continued until the time of the grievances
20 the next paragraph thereof mentioned, and
tina. his term has not exdired and " II not ex-
y, "a. y.
S9i
Y. That one J. ". Van Brocklin, the defend
mt heren did on the 18th day of May, 1892. In
ne city Of Seattle, county of King and state Of
Washington. usurp and intrude upon the afore-
aid office Of member of the said board of pub
tc works, so held by the relator. and has de.
srved the relator thereof aud of the honOrs and
Tofts appertainng thereto, and has oustei the
vlator from said office and has ever since and
siill does unlawfully hold and exercise the said
Office of member of the board of public works
OF the city of Seattle, of which this relator was
end still is the duly appointed and qualified in
eumbent
VI That by reason of the premises the relator,
George II. Heilbron, has and will sustain dam
ages in the sum Of 1925 per month from the said
18th day OF May, ls92. until he shall be restored
TO his aforesaid Office, or until the first MONDAY
in January, 1894
Wherefore, the plaintiff demands judgment:
First-That the defendant Is not entitled to
The said Office and that he be busted therefrom.
seeond-That the said George III. Hebron.
the relator. is entitled to said office and that he
be pat in pos session of the same.
Third-That the plaintiff for and on behalf of
the rclstor. George II. Hebron. do have and re-
cover of and from the defendant the sum of 1925
per month damages from the 18th OF May, A. d..
1872, until the said reiator shall bs restored 10
the aforesaid Office by the judgment of this
court.
Fourth-For costs and disbursements in this
proceeding.
BURLEIGH, GAMBLE & BURLE10H,
Attorneys for plaintiff and relator.