The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-11
TO EXPEL SPENCER.
Gordon Begins Proceedings in
Court to Gust Him.
SHOWS HIS LEGAL ELECTION.
The Usurpation OF the County Clerks
Office Becomes a Matter for
Judicial Action.
SHOWS HIS LEGAL ELECTION.

| to convince w. B. Spencer that the latter s
| term as county clerk ended on January 9,
by obtaining a judicial decision on the
subject. He filed an information in the
| name of the state, relating the facts and
| praying that Spencer be ousted from office
The reiator states in substance that on
August 6, 1899. Gordon was duly nomi-
mated by the regular Republican conven-
ton OF King county for the office Of county
clerk. which nomination was duly certified
TO the board of county commissioners of
King county. On November g. 1892 a
general election was held for ali state.
county, district and precinct officers, and
at this election Thomas w. Gordon re-
ceived the greatest number of votes cast
Tor the office of county clerk and
ex-otficio clerk of the superior court.
On November q. 1892, the returns
of the votes for the office of county clerk
were canvassed in due form of law by the
county auditor and other lawful officers of
King county. and Gordon was found and
declared by them to have been
duly elected to the Office OF county
clerk. On December 3, 1892, Gordon
received from the county auditor GER
tincates of his election as county clerk
for term of two years, commencing JAN
uarv 8, 1895. On January 8. 1898, Gordon
took the oath of office and tiled it with the
county auditor, and that Gordon was duly
and fully qualified for the office. At the
time of his nomination. electio and quail
fcatlOn Gordon was a duly naturaliZed
citizen of the United States and of the
state of Washington, and duly qualified
eiector of that state and of King county;
that he Is over 81 years of age and has
been resident of King county for over
two years. On January 8. 1893 Gordon
demanded possession of the county clerks
office from W. B. Spencer. and the books
and documents there on record; w. B.
Spencer refused to deliver up the office.
and is now excluding Gordon from it and
from the exercise of his powers, duties
and privileges.
Spencer was duly elected county clerk
at the general election held on November
7, 1890. and qualified and entered upon the
discharge OF his duties, and now claims to
be entitled to the possession Of the office
and of its books and records by virtue of
his election in 1890, and not otherwise;
Spencer is unlawtully intruding himself
into the office. and ousting Gordon there
from, to his great injury and damage.
The plaintiff then prays the judgment
of the court ousting w. B. Spencer from
the county clerks office and adjudging
Thomas W. Gordon lawfully elected and
the legal holder and incumbent of the Of
flee of county clerk of King county and
ex officiO clerk of the superior court for
term of two years from January 8, 1888
Also for such other and further relief as
the court may deem is warranted, as we'll
as for costs.
w. +. Spencer was seen at the county
clerks office yesterday and said that he
had nothing more to say upon the ques-
ton of yielding possession to Thomas w.
Gordon. He added. however that the
case was q strictly legal one and that his
position was not taken on account of spite
or ill-teeling against any one, and that he
was very sorry that any personal refer
ences had appeared in the papers.
Mr.. Spencer is said 10 have slept in the
county Office on Monday night and was
asked if this was true, but refused to an
swer Mr.. Spencer continued that he
should not be an ohstructionist, but that
he would use every endeayor to OBJ
tain a speedy trial Of the question
upon its merits. Whichever of us loses"
he said, twill have to bear the costs of the
action, but in case lose | shall have spent
my time and worked for no salary,
whereas, if Mr.. Gordon is elected. he will
draw his salary for the time that l have
worked in the office. 1t would not be at
all to my advantage to delay the decision
of the matter"
He said, however. that the report that
he had changed the combination of the
safe was true, but that he had done it Tor
q particular reason. and not from the mo-
tive which had been attributed to him.
Everything was quiet and business was
transacted as usual at the Office. and there
was nothing 10 indicate the approach of
the legal war W hich is about TO be waged
for it possession. County Clerk Gordon
has accepted the position phiiosophically
and has gone TO Olympia. Before leaving
he is credited with having remarked that
a man might as we'll amuse himself, even
il he had TO wait few days for his Office
He will draw the salary while Spencer does
. 10