The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-13
against the city, from which an appeal has teen

the city were argued III the supreme coois VA
June IA and Is. Tae question involved In those
relates to the right OF the city to raise or
lower the surface o! streets. and decisions OF .
far-reaching character were rendered. Petitions
for rehearing were presented but denied by the
court, though two judges cut OF hve expresseo
dissenting Op. Mons sustaining the claim o. tue
city. These cases have already been discussed
in public, and the principles decided are "eii
known The latter case-viz, Brown vs.. city
was conducted in the supreme court by speciat
counsel employed by former ADMINISTRATOR
and took no part in the argument.
The case of the Cclumba Puget SOUND KALI
road Company vs. the city, involving the right
OF the city to improve south Second street from
King street south, was tried before Judge LIGHT
enberg on July aud judgment rendered de-
ciaring the property TO be public street ana
dismiss.ng the complaint. For more than two
years preceding the trial al Injunction had been
in force enjointng the city from taking posses
sion of the street or using it in any manner. Inc
railroad company appeals and the case 10 now
pendirg n the supreme court
Inc Oi Spooner vs.. the city was tried be-
fore Judge Lich,enberg on September l. In that
action the plaintiff endeavors to have quashed
an assessment for street Improvement on tech
nical grounds. The court decided that an as.
sessment could not be quashed on ceritorsri
where the parties had plain remedy at law.
From this decision the paintiH has sppea.eo
and the case is now pending in the supreme
court.
The case of Minnie N. Kelly. which has been
pending for two years. arising OUT the taxing
of property for the extension ofWater street,
was tried before Judge :Humes September l9.
In this case the plaintiff was non-suifed, the
court ruling that tide lands belong to the state.
whether inside or outside the government me-
ander line.
The case OF the Columbia & Puget Sound
Railroad Company berg city treasurer,
was tried before Judge Lichtenberg on Septem-
Der 90 That was an action brought in the year
1856 TO restrain the city treasurer from selling
the property OF the company NJ tax sale. the
company ella ming that its pay ment of the gross
earnings tax, under the law :hen existing exon
Grated it from, any payment to the city. The
court decided in favor of the company and en-
Joined the collection OF the tax. From this de-
csion the city appealed. and am confident the
decision will be reversed, rs the city received
no part of the gross earnings tax. and had
right to make the ordinary municipal assees-
ment on the lands OF the company.
The cases OF the Queen City Furniture Com
pany vs. Souder and Sartori vs.. Souder were
tried before Judge Lichtenberg on october
In those Cases ii was decided that the city is
liable 40 garnishee for money in Its hands
owing to persons whose property has been con-
dcmned. In order to settle the question OF the
these cases have been appealed and are now
pending in the supreme court
The case of John McQuilan Va. the city,
founded on claim for damages In the sum of
$500 for personal injuries sustained by the
plaintiff in falling through u hole in Jackson
street, was tried before judge Osborn and a jury
on November o, and the plaintiff at the trial
was non-suited.
The case of Wiley, Scott 4 Bostwick vs.. the
city, for legal services claimed to have been per-
formed at the request oil the late mayor, Harry
White, was tried before Judge Osborn and a
jury on December ?. At the trial the plaintiff
was non suited.
ing Oh . claim made by prisoner for personal
injuries sustained in Jail, was tried before
Judge Humes and q jury on December q, and
judgment was rendered for the defendant
The case against Isaac Parker and his bonds
men for moneys received and not paid over
while city treasurer. has been pending for
several years. Upon assuming the duties Of
the office. found that the case had been re-
ferred to Hon. Eben Smith and that the testi-
mony had been completed. Later the case was
set down for argument, and has now been
argued before the referee and IL awaiting his
determination.
In addition to the foregoing cases, which
have been tried, a large number OF actions have
been brought, some of which are now pending
During the nine aud one-third months covered
by this report the Judgments recovered against
the city have been A. follows:
March 25-Emil Hcinich. $1,000: paid
July 2o-M. G. Souie, 9.39; appealed. APP
pea now pendlng.
september &c Thompson, 500 for personal
Injuries; paid.
May S-Bessle J. Lewis, 1863; appealed. Ap-
peal now pending.
In addition to the above r. B. Crozier and
Richard Jeffs recovered judgment against the
city for the SUN of 81 SEQ 50 each an award of
damages made by appraisers for the widening
o! Prospect avenue. There being question a
to their right to this judgment and as the city
was about to take an appeal to the supreme
court, each Of the parties accepted 1850 in full
OF his claim. which sums were paid.
In May last the seven national banks
in the city brought suit against the
city and the city treasurer to restrain
year 1891. Temporary injunctions were granted
in these cases on condition that the banks pay
into court the amount OF the taxes in contro-
versy, to remain there until final determination
of the suits. case is now pending in the SUI
preme court from another city involving the
same matters that are in dispute in these cases.
and these will be assigned for trial as soon
the supreme court has passed upon the cases To-
ferred to. The banks contend in these cases
that the present law in relation to the taxation
OF national banks is void, being in violation
of the Federal statutes. 1t is sincerely to be
hoped that the present legislature will make
such changes in the law al will compel banks to
pay taxes the same ordinary individuals
Mr.. Donworth then takes up the subject
of delinquent grade assessments. and ad-
vises active prosecution of pending suits.
The decision of the supreme court in the
case of Wilson vs.. City Of Seattle, rem
dered July Q, 1891, made it exceedingly
doubtful whether any of these assessments
could be collected on account of the harsh
ruling announced as to the atfidavits re-
ouired to be made before the city council
at the time the rolls were approved. But
BY late decision made by the supreme
court in the case OF Seattle VS.. Doran ICON
Quoted for the city by W. $. Relic and w.
Fl. Moore) the Wilson decision is modi-
that the proper publication of the notice 10
sufficient To give jurisdiction TO the coun-
eli, and the absence of the affidavit is not
fatal This decision has made good nearly
TO. and there Is now no reason whv de-
linauents should ne accorded leniency,
When under the Wilson decision it was
thought the city was At their mercy, it
was probably wise to secure such sums as
couil he obtained without forcing actions