The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-10-15
OPEN TO COLONIZING.
No Registration Can Be Re-
quired at Martin Creek.
DEMOCRATS WIN THEIR POINT.
Judge Lichtenberg Decides Against tn .
County Commissioners on Every
Point-supremc Court Will Say.

Judge Lichtenberg, of the superior court.
last night reversed the proceedings of the
board of county commissioners in estab-
fishing registration precinct at Martin
Creek. In so doing be decided against the
attorneys for the commissioners, not onl Y
upon two points of law raised by them,
but in the consideration of the case upon
its merits.
The proceedings in court were upon the
petition Of Gerald Brown for a writ of GER
tiorari to review the action of the commits
sioners.
Prosecuting Attorney Miller and z. c..
Hughes appeared for the commissioners,
while Richard Winsor, the Peoples party
candidate for superior judge, represented
the petitioner. The most interested par
ties in court seemed to be the bevv of
Democratic attorneys, who put aside other
business TO watch the outcome Of the case.
The case was taken up at o'clock In the
afternoon. Prior to the opening Of the
argument il was agreed that the first two
pleas Of the answer and return, involving
questions OF law, should be considered be-
fore the third one, which entered into the
merits of the case. The first question
taken up was as to whether the superior
court had jurisdiction to review the pro-
ceedings of the county commissioners.
The second question WAS concerning the
legal residence of Gerald Brown, the petit
toner, in King county, and his conse-
Guent right to appear in court.
In his opening argument Mr.. Hughes
maintained that the court had no iuris-
diction to review the proceeding of the
commissioners unless their action was of
= ind ria al ha ira 81 hat
was rather OF a legislative nature. He
cited numerous authorities 10 sustain this
position. At the conclusion of his argu-
ment a recess of court was taken until
O'Clock.
Mr.. Winsor argued at length upon the
right of the superior court TO review the
proceedings of the commissioners. He
held that their action was of judicial
nature and that even If it We're not the
court nevertheless had Jurisdiction.
Prosecuting Attorney Miller took up the
question as to- the residence of the petit
toner, Brown. Upon the face of his Pc
ton Brown was resident of range II east,
which is outside of King county. The at
torney emphasized the fact that under
the statute defining the boundary
of King county range II is not included in
its territory. According to the statute
the eastern boundary runs from point
on the headwaters of Green water
TO the summit of the Cascade
mountains. and thence in a northerly
direction along the summit to the south
east corner of township q, north of range
II east. 1t was ar-ued that if the eastern
boundary line of King county be at the
cas- tern line of range IL then, as self
evident truth, range II must be wholly
outside OF King county. The petitioner,
II he lived in another county, could Of
course have no standing in court in an
action of this kind.
Upon the conclusion of the prosecuting
attorneys argument Judge Lichtenberg
announced his decision as to the two aues-
tions of law. upon which the respondents'
motion to quash the writ depended. Upon
the question of jurisdiction he stated that
1t was not material whether the commits
sioners had exercised judicial function
or not in establishing the registration pre-
cinet. He was well satisfied that in either
case writ of certiorari would lie.
Upon the second question as to whether
or not Brown is q resident of King county
the court confessed that he was in doubt.
A decision would require a construction of
the boundaries of King county, and this
he was not prepared TO give in a prelimi-
nary hearing of this kind. But for the
purposes of the motion he would hold that
portion of range twelve is in King county
inasmuch rs il was not on the other side
of the summit of the Cascades Nature
has fixed boundary there and the legis-
lature In its enactment followed nature.
He therefore overruled the motion to quash
the writ.
The question OF law disposed of, the
case was taken up on its merits, the
point involved being as to whether the
commissioners had acted with legal
authority in establishing a registration
precinct. Mr.. Ninsor, who opened the
argument. laid before the court the enact
ments of the legislature concerning the
establishment of the registration pre-
cincts and II was upon the Interpretation
OF this point that the rest of the fight was
made. Under the Law the commissioners
are directed, when the number of voters
In country precinct exceeds DO to re-
arrange boundaries 50 as 10 estab-
hsh new precinct. and 10
have "a near 80 voters in
each precinct as possible: provided
however, that there shall not be more
than 300 votes IN any precinct Accord
ing to Mr.. Winsor's Interpretation the
commissioners had no right to establish
registration precinct when they
saw TT. They could do SO oniv
when the vote of one precinct
exceeded 2J1 votes and the only means
they had OF determining the number Of
votes WAS by an Official report TOM the
last general election. II there had been
no general election in that precinct prior
60 that time there could be no registration
books opened.
In replying II Mr.. Wjnsor. NJ. NucheS
made an earnest appeal 70 the court ~,
behalf of the purity OF she ballot. He in
sisted that the commissioners. having in
view the convenience Of ,he vet.
e:s OF thar territory. had e>tab-
iishel voting precinct. and then
80 matter cf uUh.jc policy IN
order "a guard against tie chance Of fraud
in an election they EaA made It a res..<,Fa-
tion precinct A. stua;tcr of record IN.
place WAS peculiarly Att,I - give An on
portunity for frAsi. lie trent North
era road. runu'uE duNn from ~aah,-
Inish county, made i Snort rary, of
perhaps niue ar teu miles ia-os;~n KIN.
county and then entered kt;isas county
In the distance OF Hiieea or twenty mics
man might vote IA earA uc the
three counties. lie dill ~, relieve ;tat
tne large number Cf mea ,.uo.4..-i
on the Great Northern were II te v.ct
for the purposes OF fraudulent yo;.u.-. BEN,
their presence there wouit give @u vtpar-
tuni.y 10 ran in Others not residents. in
ORDER - colonsge the precinct aul e.,e
them chAuce ~ sct as rercAttrs