The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-28
THE doom or THE TOWN OF DEN.
YER.

The decision Of the supreme court In
the case of the town Of Denver has at
tracted the attention of number of the
smaller corporations Of the state which do
not feel sure OF their ground. Territorial
and state legislatures have on three differ
ent occasions endeavored to give validity
to the town of Denver. bat all attempts
have failed, and now under the decision Of
the supreme court it will be swallowed up
by Spokane.
The town Of Denver started out on an
independent career by incorporating under
m act OF the territorial legislature Of 1sss.
which provided that when = majority of
the taxable inhabitants of any town or
village within this territory presents Pc
tsion to the Judge OF the district court
having jurisdiction of real actions in such
[sscl county," and performing certain
other acts. such judge should ''there-
upon make and record an order de-
ciaring such town or village duly
incorporated Other towns and villages
took advantage OF this law including
PuyaIlup in Pierce county, but unfortun-
ately the promoters Of that corporation
failed TO comply with the requirements of
the Law and the supreme court being APP
pealed to not only declared that to be
the case. but decreed the whole law null
and void. The ground Of invaiidity was
that "a judicial court cannot exercise
legislative functions. and that the legisla-
turc cannot impose such power upon IL.
This decision then became the Law of the
sta,e. and tho legislature was appealed to
10 help out of the difficulty those who had
Incorporated under the void act An at
temp. was made to do this by provision
in the blanket act of March ~, 1880, en- !.
titled IAN act providing for the organiza-
ton. classification, incorporation and gov
ernment of municipal corporations and
declaring an emergency" Ii Is TO be
found in section q. which enaets that ..ail
towns. villages and cities heretofore incor-
porated by virtue OF an act entitled An
&C. for the incorporation of towns and
villages In the territory of Washington,
approved February ?. 1855. may ineorpo-
rate under the provisions of this act. in
this manner provided by section I of
chapter / of this act" Section OF the
came act Is even more explicit on the SUBJ
ieet IL Is as follows:
SECTION l. Any portion of county
containing not less than so inhabitants
and net Incorporated - a municipal cor
poratsun. may become Incorporated under
the provisions of this act, and when so in
eorposa;ed shall have the powers con-
ferred, or that may hereafter he conferred,
by law upon municipal corporations of
the class TO which the same may belong;
provided. that nothing herein contained
shall prevent the reiaeorpoFation of
towns and villages under tbs provisions
tas tats act, whatever their population
heretofore Incorporated or intended SO TO
be. under the provision of the act ap.
proved February 2 iSss, entitled: An acs
ias the incorporation OF towns and villages
ia the territory of Washington. and said re-
Incorporation shall be construed as fuit
acceptance of oil she terms ana conditions
imposed by this act.
The latest legislature also took another
thwaes at it. and drove home It's intent by
ga ace with oniv one section and With a
title as long as the act. approved March q,
1898. as follows:
''SKerios l. The incorporation OF all
cities and towns in this state heretofore
h0a pf httFhifAtl uFtAEF SECTORS l. = and
OF an act, eatitled An act providing for
the organization, classification. inssartsora.
ton aud government OF naaseipai corner.
asions. and declaring aa emergency an
proved March "a. Isss1 and the reines1rnor-
alton Of all cities and towns In this STATE
heretofore bad or attempted under Sec
items |. and of sssd act, under which
attempted Incorporation or reineospora-
naa an organised government has been
maintained since the date thereof is here.
BY sor all purposes declared lesa. and
valid, sna such estses aud towns are here
By declared duly Incorporated. And all
contracts aad obligations heretofore male
entered fsato or incurred by any such rtsv
az tosn 50 incorporated or rslneor Fsoratsd
ere hereby declared legal and valid ana OF
"a, force aud effect
Tie town Of Denver took advantage af
the ses 81 iSsa, and Oh May Is. lsS.a. IL re-
incorporated. BAT or Iuiy n Of the same
year. ~ virtue OF another provision OF Use
same sss. another election was held and
the territory covered by beaver wss an.
nssst 10 Spokane.
IasH came lawsuit, vita tie sasyer