The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-02
STILL IN THE COURT.
All Day Devoted to Argument
on the Writ.
The MAYORS POWER TO REMOVE
Dos worth and Howe rrsfessfonaiiy
Eussaia the mayor TO
BE Csstin asd To-day.

All day yesterday was devoted BY Judge
langley 20 hesring argument on the mo-
ton TO auash the writ Of prohibition
against Mayor Ronald sitting in Judgment
upon Commission srs Jesse y. Cochran
and j. NJ. Wolfe. charged with malfeasance
in Office. The court room was lit mp by
perfect gaiaxy OF Democratic lawyers. The
mayor zas represented by Corporation
Counsel Donworth and Mr. J. y. Hove.
The commissioners did not appear. hat
their cause was maintained by Nal H.
Thnnps on, John Fairfield. c. W. Turner
and W. r. Briaksr The counsel had the
moral support OF John +. 0ssrsader. j. +.
MeEiroy, J. C. Whitiock, w. Moore
and other members Of the bar. The Dem
ocrats had the day all TO themselves With
the exception u the court.
From 10 O'Clock until O'Clock. the var
OF words prevailed. Arguments otiag sx-
ceedlngiy able and ingenious on both
ssdes. The greater part Of the day vas
spent. however, ia reading authorities In
support OF the line Of reasoning.
Mr. Doonw began by reading the
affidavit IN which the original writ was
granted. and that provision Of the charter
requiring him 20 appear on behalf OF The
mayor. lilo promised his argument With
the declaration that the SOLE consideration
must lie the pubic Interest. Neither
Mayor Ropald's feelings nor the personal
interests Of the comnaissiC ners must DO
taken into account. They had no lien on
the Office, and no claim of their rights 20
hold IL need be considered. ~ some length
and with great elevernsss Mr.. Donworth
claimed that the entire tendency OF
thought in municipal government had OF
late wears been In the direction of endow-
ing The mayor with arbitrary power. In
the city Of Brooklyn, whose charter is.eon-
adhered TO be a model, tho mayor has al
rnost dssncsie power. and II IS found 10 bs
in the interest of good government that
some officer should be held responsible.
Mr.. Donworth, referring then more par
tscuiarly TO the case at bar. argued that
the mayor did not need TO give appoiHttVs
officers hearing The charter specifically
required that there should be hearing
in the case of elective officers before final
removal, but az To- appointiv- officers, the
removal might be 'sfor cause" Ii the
mayor chose 20 give the officers 6 chance
To excuse themselves he could do so, but
that was not required. Ii WAS MINISTERIAL
how the mayor acquired the knowledge
uron which he based mis- conclusions that
there was cause for their removal.
Referring incidentally to the claim that
the commissioners needed the mayor for =
witness. he asked il they now impeaehed
the credibilitv Of their own witness.
Mr. Howe followed in argument TO show
that tho judicial officer was the sole Judge
OF his ability to try case impartialiy. and
that If, after a hearing improper testimony
were admitted or proper testimony ex-
Guided. or rulings made which manifested
unfairness, the remedy was by subsequent
proceeding. Mr.. Howe rather causticslly
commented upon the proposition that a
jadieial officer must not decide for himself
the state OF his mind-whether he was
preiudiced or unprejudiced-but must
listen TO aflidavi.s made by others before
he became convinced whether or not he
would try the accused fairly. What is
more nearly required than writ OF pro-
hibition is writ de iunatico inquirendo."
he added.
"The other side will probably admit
that" remarked Mr.. Donworth. at which
sally, the gravity of the day was enliyened
hy decorous smile.
Mr. Howe laid great stress on the point
that If any defendant could get change
Of venue whenever he considered the
Judge biased there would ba no end TO IL.
Religion. politics. even casual remark.
would he constantly used rs the basis for
such applications,
Mr.. Thompson then opened for the com
nissioners. He admitted that the mayors
counsel had traversed the ground thor
oughlv and read many of the authorities
quoted. laying most stress upon all refer
snces 10 the principle he laid down that
'he who strikes must hear" lie main
tanned IL - he the law of the land that
where no statutory provision governed an
accused official WAS entitled To a full hear.
ing before an impartial tribunal Mr..
Thompson commented upon the fact that
the fear Mr.. Ronald bad of his relatives
being discharged II Wolfe and Cochran re-
n,ained 80 office prediposet him against
the commissioners. Any action the mayor
would take would be merely committing
20 writing what he had previously deter
mined upon.
Al O'Clock the court adjourned until >
oeloes today.