The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-14
lfORTSON FINED $50.
Che City Attorney Adjadged
+ Guilty Of Contempt
baron aoNALo.s Tuss TODAY.
. sepsassSnssy sss sAs CIsy Assssnsy's
49, Chas9sl - slAs Mayer -
+ Osspsss1sss CsssssI

s-jtv Attorney rostson wss Gned 20 y
Jklws Glasgow yesterday for eontsmps %
cturs. and this morutng at 10 o'eioek
Lsyn Ronald vii bsvsan Opportunity 70
sSow cause Why hs should mos saso D
Aied sos simiiss odsnse.
twhsn the cass Of Hortscn vas called yes-
ttsdsy Judgs Glasgow fntimssed 70 ,. n
K,vs. the assistant corporation counsel.
thai as should eonsisus his arEumsnt-
&Gr. Hove said there veTs two pofnse D.
foes the court One vas that the city -.
tofpsy vas acting under The direction Of
shs head Of the tsu department Of the esty
adj tie ehssf exscutivs Of the city. In
m4.siy obeying the orders Of his superior
oScsfs he could not b gniIty Of contsmpt
of: sorrt. The charter - amended piacss in
th$ hands Of the corporation counsel the
ensIrs direction Of ail Law matters in which
th5 ely 10 interested and makes the city
etfrrsy merely IN assistant corporation
eoslussi. Mr.. Hove read from the city
ehsstss article XIV. section 8. - follows:
vfsiry control Of Ill shs istigafiOa Of the eisy.
are shsif appoint soms com petsnt ssd suitable
q. kpes - IN sssistass. vho shall ssyvs auring
ere :stsesuro Of the evaporation ccuneea ana -
hncssa - shs city stsssnsy; provided. thas sne
ctr; attorney elected - The general election o.
1exT sbsl1 serve - such assistant snd b suo,ecs
tate psovisioas Of this amendment dusinG tie
ses1 les which ~ shsr have besu elected.
oAs& city attorney, subject TO this supssvision OF
ths ,spfpossaion counsel. shaii Dsssosn the
lnssss sss form in section Of this article. -
Ms. Howe argued that the power TO con-
troll Mr. Fortson's ofllciai sets vas. there
fore. vested In the corporation counsel and
mott IN The court. II Mr.. Forsson failed TO
do ris duty - directed BY the head Of his
dsuertiasnt, he would b guilty Of viola
tioskof his oath and be subject 70 impeach-
merst Oh the motion Of his superior ofiicer.
Regsvr!ag then 70 the action Of the mayor
in ihtcrposing his authority. Mr. Howe
read section 2, Of article v, OF the charter.
- fellow:
1Hu psyof shall - that ali the laws and osdi-
pss,es 81 fosee In she city are faithfully sx-
oes,,sd. suA shall direct and control oil sub
os,insss oslcsrs Of the city except In % fas -
sush direction and control Il By the psovisions Of
shi. shasssr sspossd In some ether 0iaoss o.
bird. ETH
.Io understand you to take the ground
that IL any contempt has bssn committed
IL "a by other parties than Mr.. Fortsonf"
asked tie court.
"Taas II our contsntion. your honor"
yspii2d Mr. Howe.
'IE these parties who do not sppsar In
eours or In the proceedings have gone BE-
yonf thaie Jurisdiction and beyond their
power 70 give instructions. and II the city
otteynsy has followed those instructions.
given without jurisdiction. IL there NO
contempt" asksd the judge.
81 submit. your honor" replied Mr..
Howa. shat II those parties had directed
sonsshing Of which there Was question
O. ts aheir Jurisdiction, the following Of il
wosssd bs contempt; bus u they simply
erred In question Of law - to their juris-
diciion. scsing in good faith. then there
voulA b. NO contempt on the part Of the
subordinate o6iceT. A this 10 . quasi
cyimiasl proceeding the intention should
very largely govern. and Mr.. Fortson dis
cisims any intention Of disrsspect 70 the
courts"
Reslying further 10 the court, Mr.. Howe
said he did not contend that shs city attor-
nsy "a nat an officer Of the court. but he
did c,.ntend that u lay within the discre-
sionssy POWER Of the prosecution attorney
70 ds.smiss the case. even after the court
hsl asquired Jurisdiction.
NJ Howe then dwelt upon the merits
Of taScass. He admitted that the court
had slas right % order . plea Of guilty to
10 w.shdrawn and another plea entered;
but tAs city attorney vas not guilty Of
consrsnps for failure TO prosecute the case.
lie sssvanced the theory that had tho city
Satisa TO appear In such case before Judge
Hun.cs. there would have been nothing
done hut 10 dismlss the case for want Of
psoes, :utiou.
Af.!r some further argument aud quss-
tionis:s. the court said:
u svsms % me an astounding pforcalticn that
che city attorney can, without making chow inn
81 asy rsnse, dismlss . case NJ pleasure have
not Thoroughly Investigated the law in the
case. sas % Tar - have been able To so oan
not "a that 10 10 within the power Of the city
sstesnsy se refuse To 70 on with casa II pats
che ectts ana the people In peculiar poaision.
II itts :iot within The jurisdiction Of the court
"a ensesc prosecution or demand reason for
dismisNsi the court II powerlsss. Now. with all
respec:to the legal opinion Of my brother Howe
lean Es,s bring myssli To agree with him: ana.
thong 4 90 10 reluctantly. see no way but 10
puntsi~the defendant TIE Judgment Of tho
court 3 thai Mr.. Fsrtson to guilty OF contempt
snd ta2 ofssr az the eoars 10 that he b nned in
The ss4n Of ta Mr.. cssrs. yen may make
eomp;Ns order Of record TO that effect
Mr.. Niowe 1t once gave notice Of appeal
- thsasuperior court. and Judge Glasgow
placesf the bond At the nominal sum OF
eioo fMs,. W. V. Rinehars and Joseph
Greer. Qualified - boadsmen.
Major Ronald sent word BY Attorney
HowsS.o Judge Glasgow that he would APP
pear itfors the municipal court wishou. q
warrsft. TO answer any charge there nigh
ts agSanst him. IL Was arranged for q
hsariEss ut 4 O'Clock. hut aft~rwarsi. by
aSrs~,Een,. 10 O'Clock this morning "a, se /.
Attorney stedmsn gave notice Of apps al
on be .,af OF Donovan. who WAS the de-
fendAFi IN The case which has led TO %
much aroahle and bitterness.
rhssesuse .: these proceedings is 10 10
1cuudyn recent debate in the city eoun.
ell. alderman Sweeney called attention
81 shss enormous costa against tho CITY
Riisd .sp ty the municipal court. Cases a,
srlviki nature were referred 20 . Jury.
the accused Was generally acquitted, and
fees fes twelve taross aud ~i,nesse, we're
taxed against the city. ~. S~esasy in.s-
ma,edHshss 70 would b possible by cola.
sion f,ss "a accused man 10 call FOR q ,arv.
whe. bling cure Of their fees. could acan.,
The MA Who uas instrumental in rsscar-
Ing shem 50 He admitted that he knew
az no S,ca case. bat IL Vas an abuse which
ehoulc.he corrected II that were possible.
The relations between the court and the
city ollcssis also have heea considerably
s;yain4i ssnce Deputy Comptroller RIaks-
stoney report upon the irregularities O.
the Municipal court Not oaiy did Mr.
Rlskls3cns nnd deficiency Of soi: in sAs
elerk'ss accounts, but he also involved
judge jGsasxo~ by reporting that he had
never fssgaei the docket in any case. %
zee a - ~..,f.