The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-01
REPLY TO MANDAMUS.
Ex-Regent Smith Says He Has
No Legal Successor.
APPOINTMENT or SAUNDERS.
8essya 8ebhes Case - Cone Up Aeaia
- Jsiy-Lssssr Of Thaaks Essm
Nfs- Dlafne.

TACOMA. May 81. - Special. - A. Fl.
Smiths answer 20 the state and John w.
ssearns regarding the $i-.GB. s. held by
him - treasurer OF the state agricultural
college. has been prepared by his attorneys.
Caikins. Shackieford 4 Calkins. The re-
sponden.'s statement begins thus:
Andrew H. emish. the respondent. for return
to the alternative writ Of s,sndass heretofore
issued In this behalf, says that he reserves for
himself al, manner o. exception sad objection
20 the many and manifold errors and uncertain
ties In the said wnk and In the petition Sled.
aud without vasviux them and insisting upon
them, be further humoiy answers the said writ
an1 says.
Then follows the manner and dates Of
appointment of the board Of regents by
Acfing-Gov. Lsugh:on. IN which notice Of
appointment the following words are used:
]. Charles y. IAuzhtop. lieutenant governor
ana acting governor Of the state Of Washington.
BY virtue OF the authority vestcd In me by law.
DO hereby commission him. the said Andrew IL
smith. - ~ gsns OF said institution. NATL the
esh day Of March. A. D. lss5 and until his sue
csssor II duly appointed and qualified.
1t is then set forth that Gov Ferry sent
the names OF the hoard to the senate. and
that body refused to s.advise and consent
to the appointment Of the respondent"
and then the response continues:
And whsreupon IL became the duty OF the gov
ernof. under the Constitution and laws OF tho
stats OF Washington, 70 Immediately nominate
his suecessors OF your respspdont and said other
perscns for confirmation BY the senate, but the
governor OF the state faiiet to ssnd the names
OF their successors a. youF respondent and othor
pe1sOrS 70 said senate. and waited until long al
ter the senate had adjourned sine DIE, when. ON
the Stat day Of March. lisa. % the respondent il
informed and believes, and therefore states the
truth 70 b. attempted to sppoins the rciatof.
John ". Stearns. and others.
By article IL Of tine state constitution il
il held that the governor cannot legally
appoint such officers ~ regents Of the az
ricuitural college during the vacation Of
the senate. This paragraph ends thus:
cause the scnate .! the state Of Washington has
not advised aud consented thereto
Mr.. Smith admits having the 81, 900. but
denies that he has, a. 10 alleged, any
books. papers or files belonging to the COL
lege. There never having been treasurer
of the college before him, he did not re-
ceive any books, and alleges that the COL
lego bookkeeper and accountant kept the
accounts of moneys received and paid out
by him, and that al other books of &C.
~Oo"S ASgs ~ saA0 A<SRSoAsn0AAt WOAV IA =
private nature and were kept for his own
information and protection, etc. Besides.
he alleges that he has given up to the re-
lator. Stearns. all books. vouchers, etc,
asked for for the purpose Of showing his
acts and accounts ~ treasurer Of the coll
lege. Then:
And he believes the truth 10 be that the ALE
cations In the said alternative writ TO the effect
that no bad refused to turn over the books,
papers and files Of his ONCE TO tho said rcla,or
was therein written 70 give color only aud con-
fer Jurisdiction upon this court In this proceed.
Ing. and that that was the sole purpose Of said
allegation.
All allegations appearing in the alterna-
tive writ and not answered in the response
are denied. Mr.. Smith says In cOnclu-
sion:
! am ready and willing 10 pay the money to
he treasurer Of said college soon and when
the successor Is duly and legally elected and
qualified 10 receive the same.
The case will be argued on Friday before
the supreme court.