The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-04
JUDGE HUNTER LOSES
Supreme Court Decides Lewis
County Courthouse Case.
shoHoMlsH THUG SAFE IN JAIL
A Crater Lake In enc Olympics-Fivs
Men KILLED In IN Alasks
Indian Orgy.

OLYMPIA, Nov. a-ispecial. Tho famous
courthouse controversy. shich has been carried
on for more than year between the commits
sioners of Lewis county snd Judge Hunter, OF
the superior court of that county, was today
brought 70 an end By thu supreme court In
decision adverse to the judge. The dispute,
which has been before TIE supreme court IN one
form another sewers times arose over the fall
ure OF the county board to furnish additional
court facilities at Che haEs snd the sheriff there
upon, BY order of the judge, providing sucn
facilities. When the sheriff sent in tho bills 70
Auditor Ashmore he refased 70 pay them The
auditor was then orderets to be confined In jail
for contempt for refusaE TO issue a warrant for
the expenses incurred h7 the sheriff in provid-
ing such facilities by order OF the judge. The
case is entitled J. W. Bsrneti, sheriff, respond
emf, Va Z. n. Ashmore, euditor, appellant Inc
supreme court says:
The first contention Of the appellant ia
that the court erred in rot granting the change
OF venue prayed Tor. W. think the record sup
porss this contention Chile it must be con-
eeasa tina. Hns.tion OF = change OF venue Is
judge, where this discretion Is evidently abused,
the appellate courE wiu not hesitate to
give on relief Which In ,s s, o ssss tine asssd
shows such a state of facts that the judge ought
rot for a moment to have hesitated to grant it
interested financially in.hs result of the case.
and even II, as claimed ~ the respondent. his
statement did not make him legally re-
sponsble TO the sheriff, but only
morally responsible, CHE whole record in
the case Incorporated IN the affidavit shows
conclusively that the Judge was not only not
dsinterested party, bug that he was very In
tense partisan. 1t Is gsimary idea in the ad-
ministra;iou of justice Eiat justice must nee
essarily be free from bias, prejudice or par
TALLY.
The opinion then citss the law that gives
courts authority to eempel county boards to
provide proper facititiee, but states that this
authority can only be exercised when the proper
authorities make such r1covisiol, and says:
1t clearly appears, frI:ln the respondents an
sver, that the condition. of affairs did not exist
which warranted the assumption of authority
exercised by the coGS.- The board OF county
commissioners had nelther refused nor neg
lected TO provide suitalye rooms and furniture,
etc, for the use OF the court IL Is alleged in
the answer that large and commodious court
house was already II the service of the
court, but even preaumiug that the in
creasing business of the court demanded
additional room and c1nyeniences, the answer
alleges that upon theirs notice given TO the COM
missioners by the judge that he required addi-
tional rooms, furniture and conveniences, they
nishing the same and Notified the court of their
intent SO TO do and thae prior 20 the contracting
OF any OF the said bliss by the sheriff, they
had contracted to have en- addition built TO the
courthouse.
The court finds that me auditor was justified
In refusing to issue Warrent The Judgment
Is reversed and Judge Hunter is instructed to
dismiss the action.