The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-17
10 FRIGHT TOBUILDT
1Imshouse Was Built Without
Proper Authority.
NO MONEY TO PAY FOR IT.
connIsssoners saed Personally Ter kx-
,~.dssw Their Powers aad ths Coansy
Treasurer Recommendations.

against the cnunfy c0fnlntsttonFfe 70 pre-
vent further issue OF warrants IN payment
for the county hospitai building was fied
yesterday and . temporary restraining
order granted pending the hearing Of the
cause on the application for . temporary
Injunction on November "a
TIE snis . brought by three well-known
tsxpaysTs. ell White river Faiisy farmers
sad pioneers Of the eouaty. They are VI.
B. MaAdecks. J. G. Gore and William
Cochgane. Maddoeks L. o Popuiist and
vas the candidate for county treasurer On
that partyss ticket last fall. Gore 10 q
Republican and . farmer of means.
Everybody knows William Cochrane, the
sx-sbe.ifs. farmer and politician.
The defendants 20 tue salt are the three
county commissioner. Fred Gasch, John
Nooding and A. l. Rutherford. Con-
trsetor Rlgby and Architect Richie. al
- individuals, Auditor r. A. Twicheli and
County Treasurer Phelps. In their respect
i've Official capacities. and King county as
nominal defendant.
The suit IL for an Injunction against fur
ther payments on the contract. for the
setting aside and the annuliing Of the con-
tract. and for Judgment compelling the
DESCENDANTS Rigby. Richie. Gascn. Wood
Ing and Rutherford 10 make good 70 the
county any loss occasGoned &c taxpayers
by their alleged illegal and unauthorized
actions. whether with or without fraudu-
lent intent. The whole cause OF action
against the commissioners Is embodied in
the one suit. and no others will be brought
The complaint Itself il not voluminous
IL commences BY the plaintiffs stating
that they complain on behalf Of them
selves and Of eli other taxpayers in
King county who wish to appear and seek
relief by joining in the suit and paying
their share OF the costs, of the defendants,
and for cause Of action against them, pre-
face the allegations by the statement
that they each have been taxpayers In
and residents Of King county for the past
nineteen years. and by stating tbs occupa-
tons and official capacity Of each defend
ant They aiiege rs follows:
That on January 20, 1888. In the opinion
Of the defendants, Gasch, Woodlng and
Rutherford, rs county commissioners, the
public good required q county building,
that is 10 say county hospital or aims
house and hospital, TO accommodate prop
erly the sick and INDECENT of the county.
On that day without authority of Law and
without complying with the statute in
such case provided. they ordered the build
Ing constructed, entering into q contract
with w. A. Richie. an architect. TO draw
the plans for s per cent. OF whatever should
be the contract price Of the building
Richie then prepared the plans under
color OF the terms Of the contract, and
they were accepted and approved by the
defendants, Gasch, Wooding and Ruther-
ford, without any authority of lak under
color OF their Office. These plans called
for the construction of building to con-
sist OF O central structure ana two wings,
north and south or right and left, re-
speciiveIy, constructed in the main of
stone, brick. iron and wood. In the plans
provision was made for extra founda-
tons. Then the defendant. Twicheli, was
directed by the thres defendants men,
toned rs county commissioners but
without any authority of Law and unlaw-
fully and wrongiuily. 20 advertise for bids
rsturnabls on April IL. 1888. This Mr..
Twicheil did.
On the day set bids In writing were re-
ceived by Twicheli as county auditor.
and at the office of the commissioners
they were duly opened by the board. that
Is. Gasch. Wooding and Rutherford, the
defendants. Among the bids go opened
was one hy the defendant. John Rigby. in
which he proposed TO construct the build
Ing without the right wing for SO. 100.
and to put down extra foundations for
S675 per foot. On the following day the
defendants. Gasch. wooding and Ruther-
ford, acting as a board of county commits
sioners and under color OF office. but in
the same unlawful manner as before, ac-
ccpted the bid of John Rigby.
On April 81. 1893. the defendants, Gasch.
Wooding and rutherford. under color of
their office, and Rgby, acting Ia his own
name, but all acting without authority of
law. entered into n contract to construct
the building, minus the south wing. In
aecordance with certain plans. specilica-
tious and detail drawings, described In
the contract as accompanying the same
and IS having been prepared by Richie,
the defendant. Whether these plans were
intended To be. or were. or are. the same
Is those already mentioned in the COM
plant. the plaintiffs do not know and can
not state. The building Was to be finished
By December Is, IsaS. and so per day was
10 be forfeited Tor each day IL remained
unfinished thereafter.
According TO the contract, alterations,
notifications and additions might be
made in the building during It's cons.ruc-
ton and the contract price added % or de-
Quoted from accordingly. The contract
price, subject TO such additions and dedrc-
lions. was 10 be paid from time 10 time as
the work progressed and as the architect
should certify according TO the contract
with him. These plans, specifications.
etc. ara ell in the possession of the de-
PENDANTS Gasch, Woooing Rutherford.
kitehie and Rigby or some one or more of
them. and the plaintiffs beg leave of the
court to refer to such plans. etc. and ask
thai they be produced in court upon hear
Ing Of the cause for purposes Of reference.
Then the parties 70 the contract acting
under color OF il, but in the same unlawful
manner, proceeded TO construct and are
now constructing the building on the
county farm. have encountered the said
farm Herewith. have committed waste in
% doing. and have in course Of said con-
ssFuction. in particulars too numerous 20
nsention aud in way imperfeetly known
70 ali but themselves, departed from the
Plans, etc, and from the terms of the con-
tract, TO the great eheapening OF the build
tag's construction aud making it useless
sos any paFpose whatsoever. The build
ms i rooied in, but still 90 = gres. extent
diminished.
The alleged crooked financial ;rAnsac-
eoas OF the county commissioners and the
contractor and architect are next taken
~, the complaint alleging 10 the effect
inst the board has caused the defendant
awicaell. as auditor. TO deliver TO Richie