The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-12

could y srcablesons and rnfsssn5ly
process 1naaly get an acreaI % the rsurx
aad fas rswat Ct . Jury trial TIE cours
say there - no authority unae~ The co.,
ssiaslon Ter Submitting the question OF
damages 20 the road viewers 20 - erhssrar-
~ passed npoa By thesn. BY tie new
ACT the Feporr OF chs vsswers 8 oaly FRO
fls.0nas sad assvsscFT Is an ' Of its features.
e1a c0ncaussNe or arbitrary in uune
Inas = oevioas from tne fact that no ar
re1raEes or claim 81 the Landowner j. re-
gaired OF regarded BEFORE the ysawe-s
1919 aud ali osaer matters ses forth IN
tnear repoFs are oniF for the & paste con-
sidsrstaon bY the court and az no fur1her
sssvics "a evidences Or information after
appearance By the landowner
kafnk the principal question In this
case - shIs. Has the land owner hy the
Res act an untrammefed opportunity 20
haFs hss compensation and damages as
cerfaansd ~ luryg Has he .ass day in
court The notice Informs him when
ana where The hearing Ei.l be had, and by
ne lAM Itself be kEaows what may he heard.
~ &c ants question Of flse pfacsicabilfsy.
necessity % pusllc Utility Of the proposed
road raised. be has but - appear zad raise
= sy any form OF psezding recognized By
fse laws OF practice Or the rules Of the
court. he may do the same II he desires
70 MAKE the issue on compensation and
damages. IL be choose nos 10 appear and
MAKE 80 Issue for the cozrs alone,
or the court snd Jury TO try, what
Eronnd has be for complaint II the court
alone try the case upon the prsma tscie
showing OF the viewers report, or such
further evidence a. the court In the exer-
else OF is general powers and discretion
may dtrecsf The defendant land owner
has the same opportunity accorded BY
ias 20 any defendant In q civil seton or
proceeding and the same right 10 . jury
trial, and by failing TO appear ON notice Of
such trial. should be bound By the same
Law OF waiver of that right
This rule Of practice was IN full force
when the trainers OF the constitution pro-
s.ded for waiver Of . jury In proceedings
Ike these. as IN other civil cases in courts
Of record IN the manner prescribed By law
IL the rnse obtains where q defendants
failure 10 appear at the trial and under
circumstances that would usually inyolve
him in loss and costs, with how much
greater force should IL apply where what
ever judgment the court can render must
be for the defendant and entail no costs
whasever7
The word contest, as used In the pro-
vfso TO section !. obviously means that the
appearance OF the person or persons re-
ferrsd 70 shall be for some purpose. and
that purpose shall be stated 20 the court,
when the court Is required 70 act. The
court 10 not required 10 perform the Office
OF guardian for the landowner and assert
rights for him respecting which he mani
tests an entire Indifference
Relieving the act of March Q. 1868. vio-
iAtes no Limitation or requirement. of the
constitution, l hold il valid, and ell objec-
tlons of protestant Coehrane that relate TO
the validity OF the act are denied. And
ali other objections that relate TO proceed
ure under the act, except such as can be
cured or avoided by amendment or oral
evidence under the direction OF the court.
are denied. and the matter will stand for
Anal hearing on the petition and objec-
tons not here denied ~ such time as the
court shah order.
-. w. LANGLEY, Judge"
The case will be appealed ~ soon as
finally decided.