The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-25
GOV. WAITE BEATEN.
He Had q Right to Remove the
Police Commissioners
sur NOT TO USE THE MILITIA.


DEWEY. March aA-Thers vas a large
attendance as the rooms Of the supreme
court today TO hear the opinion of the
court On the question propoundea hy Gov.
Waite. involving the validity of his acts
growing ont Of his removal of Orr and
Martin ss members Of the fire and police
boards and the appointment Of Barnes
and Mullins in their stead. Ii was to seat
the latter that the governor called cut the
militia The attempt failed. and then the
governor asked the supreme court TO say
who we're the legal members OF the board.
Both sides were represented today by emf
nent counsel, and the entire city mani
tested profound interest in the decision.
for the reason that the safety Of life and
propsrty Was involved.
The unanimous opinion Of the court Was
adverse to the action of the governor in all
things. except that the court recognized
his right to remove and appoint members
OF the board. It was declared that his
power ended there. and that he could not
inducs his appointess into o dee. and his
employment Of the militia for this purpose
was greatly In error aud unauthorized by
Law. The weight Of opinion among the
members Of the bar has been against the
position assumed by counsel for Orr and
Martin, but the opinion Of the court seems
to be . severe blow to the usurpation Of
power by the executive and upholds the
dignity Of the judiciary.
Shortly after the opinion had been
handed down il was reported that the gov
ernor, in great anger, had declared be
would take the matter into his own hands
and settle the case BY calling out tho
troops and capturing the city hall at any
cost It is generally believ ed that on sober
second thought he will not attempt any
such course.
The committee Of safety held . special
meeting at 4 o'clock. and after discussing
the possibility OF further trouble asked
the governor to grant them an interview.
The executive sent . reply that
he would meet . committee OF
twenty or twenty-five. but he re-
fused to See forty or fifty. A sub-com-
mittes. headed by J. +. Vale, waited upon
the governor this evening and discussed
tho situation with him. Neither the gov
ernor nor the committeemen would di-
vuige the results of the interview. but 1t
10 known the committee strongly advised
the governor to abide by the dccision of
the courts, warning him that another re-
sort to arms would not DO tolerated. They
assured him that Commissioners Orr and
Martin would not attempt to delay de-
cision by the courts in suit brought to
decide who are entitled to the offices.
The governor would not promise that he
would not attempt again forcibly to seat
the new commissioners. but told the COM
mittee he would carefully consider their
suggestions. The governor declined to say
anything tonight for publication. His
chief counsel said proceedings would now
30 brought In court 10 compel Orr and
Martin to show by what right they held
seats in the Ere and police board. The
committee Of safety. already formidable
organization, Is In effect vigilance COM
mittee. whose business it viii be to attend
to any individual faction responsible for
any riotous proceedings.