The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-10-30
OFFICES NOT VACANT.
No Senator'S to Be Chosen at
the Election.
JUDGE LIcHTENBeRG's RULING.
He Refuses Mandamus to Compel County
Auditor to Announce Peoples
Party Candidates.

Judge Lchtenberg of the superior court, re-
III sed last night TO grant q writ of mandate 10
q. II. Powers and P. P. Carroll, the nominees OF
the Peoples party convention to I'll the otices
OF senator from the Twenty-ninth and Twenty
Skin senatorial districts, to compel County
Auditor Twicheli to print their names With the
others in his official announcement of can
didatea
When the case was called yesterday afternoon
T. +. Carroll appeared for the petitioners snd
Prosecuting Attorney Miller for the auditor.
demurrer to the petition wa. sustained by the
court on the grounds of defect OF parties
defendant and that the facts set out in the
petition were not sufficient TO constitute q cause
OF action. Mr.. Carroll was however, allowed to
amend the pleading, and the case was heard on
Its merits at night session.
Mr.. Carroll held that the ofnees OF senator
from the Twenty-sixth and Twenty ninth dis
tricts were vacant, basing his argument on the
claim that the legislative act OF September II,
1880. making a reapportionment of senatorial
districts, was unconstitutional He insisted
that as the Peoples party convention had nom
mated the petitioners to Office and these nomi-
nations had been certified by the secretary of
the convention to the county auditor, it was the
iatter's duty to make an official announcement
of their candidacy.
Mr.. Miller, in opposing the petition, main
tanned that the terms of the senators in tie two
districts mentioned had not yet expired, since
they were elected for four years from November,
1890
Judge Lichtenberg announced that his deci-
sion depended on the construction of several
sections OF the code, and that he was called
upon 70 determine the question as to whether
the Offices were legally vacant BY section 80
the auditor must cause to be publisher the
nominations certified to him BIZ section 254 the
auditor is compelled to give at least thirty DAYS
notice of general election by posting up writ
ten or printed notices, naming the Offices to be
filled. By section 364 q convention may nom
mate candidates for public Office to be filled by
election within the state Under this last
quoted section the court felt bound to deter
mine the question as to whether the Offices in
controversy were vacant and s'to be filled by
election" In his opinion they were not.
The court also outlined what he considered
the proper remedy TO be sought by the petit
TONERS. Under section $40 official ballots shall
contain the name OF every candidate whose
nomination for any Office has been specified or
filed under the provisions OF the chapter
elections, and no other names. Provision is
made, however, for blank space TO be left
where the voter may write or paste in the name
of any person for whom he desires to vote for
office. The petitioners could go before the peo-
pie in thi: way candidates. BY section Ais it
is the duty OF the auditor TO deliver to the per-
son having the highest number of votes
for any Office certificate OF cleo
ton. The petitioners could then present
themselves before the state senate, claiming
seats there, and it would remain for that body
to determine whether or not they were legally
elected