The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-15
THE GoRDON-spENCER CASE.
Agreed Statement of Facts in tho County
CIerkship Controversy.

Agreed Statement of Facts in tho County
Clerkship Controversy.
The following agreed statement of facts was
signed by the parties In the Gordon-Spencer
case yesterday and filed in the county clerks
office:
1t is hereby stipulated between the plaintiff
herein and the defendant herein, by their re-
spectiva attorneys, that answer by the defendant
herein is waived by the plaintiff and that the
aboveentitled cause be submitted TO the court
for trial and determination upon the following
agreed statement Of facts, to-wit:
/. That the reiator. Thomas W. Gordon. was
nominated for the office OF county clerk of King
county on August g. 1892 aud his nomination
was duly certified to the county commissioners
of King county, who thereupon ordered his
name placed upon the Official ballot in said
county for said Office at the general election OF
1872.
= Tha. on November s, 1892 a general election
was ueId in the state OF Washington and county
OF King. and that at said election large num-
Der of votes were cast in the county of King for
the ottcc OF county clerk, aud that the relator,
Thomas ". Gordon, received the highest mum
Der of votes cast thereat for the office OF county
clerk of King county, Wash.
g. That on November 2s, 1892, the returns OF
the vote OF King county aforesaid was canvsssed
by the county auditor and other county officers
oil said county. and said canvassers found and
declared that said Thomas W. Gordon had re-
ce!ved the highest number OF votes cast ~ said
election Tor the Office OF county clerk OF said
county OF King.
4 That on December 3, 1892. T. A. Twiche)l.
county auditor of Ming county. issued a certIti-
cafe under his hand and seal as said officer, To
Thomas ". Gordon 10 the effect that he. said
Gordon, had been elected TO the Office OF county
clerk OF King county for the term of two years,
commencing January .. 1873. being the second
Monday in said month OF January, and on said
December 5. 1892. said Thomas Gordon duly ex-
ecu,ed and flied in the Office OF the county
auditor oath of ONCE rs said county clerk OF
King county, and prior TO January 9, 1923. said
Thomas ". Gordon executed al official bond as
county c.erk OF said King county, and said bond
vol ftE fh. hAar1 SF n nv ffy ,,{.-
sioners OF said King county.
s. That said Thomas ". Gordon was, on the
sth day OF November. ls9, and for more than
two years PRIOR thereto, and now is, citizen
ani res dent Of the United States aud OF The
state Of y Washington, and a duly qualified cleo
tor OF said state, anu male above the age OF u
years
6 That on November !, 1890 at the general
election held In TIE state of Washington and
county OF hlIg. the defendant, ". Is. spencer,
was duly elected county CLERK OF King
county. Washington, aud thereafter qualified
an entered upon the discharge OF his
duties AS such clsrN according 10 law on the sec.
onl Monday O january, l~gi. and ever since hiss
discharged tie duties OF county clerk OF said
hI.E county.
:. That on January ., 1873. being the second
MU.Gay ~ January, -Nio, he Teistor, Thomas ".
Gordon, presented himself at tie Office OF the
CoGnty C.eTA a.! I'm. county and exhibited 10
SAID defendant, ". q. Spencer, h.s Certificate o:
election ana .uformgi a. "a th4t he, ,sli Gordon,
had QuaiiEc aBt demanded oi sAig spencer
that De tteIcEPoU deliver - sal Gordon, his
successor - tLlee, Inc $SiG ptflce ut county
cltrA. together WIN al records, bOOSs. papers,
flies and pubic documents aul public property
thercuatO Lc,ouE liz or n A-y we snpeTtain-
ing 20 SIS 4 office D. county ce-A ot h tug county;
which SAID demand saIi spencer Gld GAen aud
there refuse ana SUI does rc'use - comply
with, anu sad spencer sta. does refuse 10 de-
liver 10 said Gordon possession Of sid Office
any Of the pGb.3c re- or : property there unto
appertaia.ag ~ belonging, sad suiI doe 0eoRr
AMI withhold sad Gordon tyU:s cXcrcls NJ said
Office any pOwets, duties or g.rlYi.e-es thereof
8 That saiI spencer ca rs aid hU.5, posses
sion q said Office DY Vl.t..e ~. Ills election n
is93 and stl. exercises the powers anu performs
the duties q sata IL. ot county rsvrk, whether
r.sh..u,ly Or wrongful y le-tAer party admits.
And thA: Upon Tie tureEc.n< iar,s The court
may suter such judgment as under the Jaw the
court saa.l sdiuIze - be proper, toiA parties re-
seryiuE She r.gnI -. sppea IA al pther cases
IL tue mau1et provide b. law.
Arthur Lindsay * King SAD I00mps IN, Edsen
& Il amp 2Fies. attorney, tar pa ltiG.
james keiiet aad Il 3. e.aGsoa, attorneys TOR
defendant
The motion 20 transfer tie case to Judge
Lang ey' $ court ives not arguel yesterday ou;
the transfer MAS agreed 20 by the counsel. Tae
ar-eed statement Of facts was ed IN the clerks
Office aud Mr.. Gordon's attorneys say thai The
hearing OF the case will probably be agreed upon
for Monday or Tuesday.