The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-13
DEPARTMENT OF LAW.
Report by Corporation
Counsel DOnwOrth.
SUITS INVOLVING THE CITY.
Policy Governing the Law OMcePs-A
Charter Amendment Which Proved
Impracticable.

Hon. George Donworth, corporation
counsel, has complied with the request of
the mayor and filed report upon the
work done by the law department of the
city during 1892, together with some sug-
gestions for future action. By virtue of
the amendment to section of article XIV,
the city attorney was brought under the
supervision of the corporation counse! and
was required to perform the duties there
tofore devolving upon the city attorney.
and in addition such other duties as may
be required of him by the corporation
counsel. The same amendment, by reason
of the extension Of duties. raised the sal
airy Of the cit- attorney from $500 to
$1,000 per annum. In practice Mr.. Dom
worth has found that the idea Of this
amendment is impracticable. The mu-
nicipal court holds two sessions each day.
and while the duties of the city attorney
are not arduous, his time is occupied to
such an extent that he cannot render any
assistance in the transaction Of any legal
matters other than those pertaining to the
municipal court. The present city attor-
ney, Mr.. FortsOn, has, he says.
been found to be thoroughly COM
petent, energetic and efficient in the
matters entrusted to his charge. He
has not been able to render the corpora
ton counsel any assistance in general
litigation or other civil matters. By rea-
son of the peculiar nature of the duties of
the city prosecutor in the municipal court,
the amendment referred to has failed to
have the effect which its promoters de-
sired. Finding that TIE pressure of city
business and constant demands upon his
time in the routine of tine Office prevented
proper attention to important matters of
vital interest to the city, Mr.. Donworth
applied to the city council in July for the
appointment OF an assistant, and an ordi-
nance was passed under which Mr.. James
4. Howe was appointed assistant on July
Is. Since that date all meters, except
those pertaining TO the municipal court,
have been attended to by Mr.. Howe and
Mr.. Donworth.
Mr. Donworth is Of the opinion that the
city should employ permanently such
legal advisers as are needed for the prose-
cution of its business and that special
counsel should not be employed except in
extremely rare instances. There may be
circumstances which would compel the
employment of attorneys in special cases,
but such attorneys must necessarily be
expensive and cannot bring to bear upon
the performance of their dnties that famil-
iarity with the status of municipal affairs
that is acquired by regular appointees.
He adds:
Upon assuming the duties of my Office found
that Mr.. T. r. shepard had been specially re-
tanned by former city council a. special
counsel to prosecute the appeal taken by the
city in the action brought by the city against
the Columbia & Puget Sound Railroad Company
and Puget sound Shore Railroad Company to
enjOin them from building railroad across
Columbia street, commonly known as the
exams Horn case" In this action the city
was defendant in the superior court and an ap-
peal taken Dy Mr.. Shepard. Finding that he
was specially employed and paid in advance to
take complete charge OF the case and to prose-
cute it to final Judgment, have not attempted
i'll any way to control or interfere with his
management thereof. The preparation OF the
appellants briei has been delayed by circum-
stances. but hope that the city will be able in
the course OF . few months. to have q hearing
in the supreme court which will result success.
fully.
Referring to the question Of the city's IL
ability for the payment of warrants pay
able out of special improvement funds
where for any reason the city had failed to
collect the assessment. Mr.. Donworth says
several HUNDRED thousand dollars of
such warrants are outstanding, and
many others have been paid from
general city funds under former
administrations. After carefully investi-
eating the authorities, he came to
the conclusion that the question of the
city's liability on these warrants was in
volved in so much doubt that the safest
course to pursue would be to take to the
supreme court by appeal the case first
coming to trial. in order to obtain an au-
thoritative determination of the law. The
first case that came to trial was that of NJ.
Z. Soule, who brought suit for the pay
ment Of warrants amounting to about
$ll goo, besides interest. issued for the i'm
provement of South Twelfth street.
On that street the assessment was adj
Judged void by the supreme court
tor technical defects The action of Mr..
Soule was tried before Judge Osborn with
out jury in July last and Judgment
rendered in his favor against the city for
the sum of $I3, 1853 80 From this jude.
ment the city appealed, and the appeal is
set for hearing in the supre me court on
EeuTldIN I+' 1870. AS soon as the law
authoritativc!y determined, as it will be
in that case. the city will know what steps
must be taken in relation to the street
grade warrants now outstanding If the
city is held generally liable in cases VI here
the assessment has failed to be valid a
large sum will be added to the fixed obi
cations of the city. On the other hand, if
the city is held not generally liable, it Is
probable that the court will determine
that the city authorities can be compelled
by writ of mandate to levy and collect the
proper assessments. Ii the latter be the
required course, re-assessing of large
number Of improvements will REQUIRE care
full consideration on the part of the CITY
council, and will necessita,e the occupa
tion OF much tine.
Whenever question of public interest
affecting municipal corporations has been
decided against the city, he says he has
taken an appeal to the supreme court
thinking it best that the general principles
relating To our government should be set
tied as early as possible. All OF the cases
IN which an appeal has been taken are
cases of this character wherein, at small
expense, the city can ascertain once for all
the proper construction OF the law in mat
tiers tina; are of frequent recurrence
The cases IN which the city is a party
that have been tried since March u, lS92
are As follows:
Emil Heinich vs.. the city-An action for dam
Axes 20 private property by reason of the negii.
gent coz st.uet!on of water pipes This action
was tried before Judge Humes and Jury on
March *, and II judgment rendered against
the city for $i,oto, which was paid. No appeal
was taken.
The case of Wiesenthal vs.. the city, involving