The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-31

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edge. called upon the said mavor and re-
CRESTED him 70 withdraw his demand Tor
said res gnstiors ard was informed DIT
him that he feared that IL said two MEM
hers Of said beard of pupllc works rem aimed
in Office until after the expiration of his,
the said mayors term. which is soon 10
expire, they wolli remove from the EN-
ployment Of the city his brother, John III.
Ronald, who was then and is still stable
boss OF the street department OF said city.
and that they would also remove from the
employment of said city his brother-ln-
Law, j. A. kelso. VINO was then and - now
general foreman of the water department
of said city, both Of which departments
are under the control and management OF
the said board of public works. and that
therefore he intended 10 remove the TWO
said members Of the said board of pubic
works from their aforesaid office and not
permit them longer to remain therein, and
refused 10 Withdraw said demand.
Mayor Ronald said that any one who
understood the charter would see that
there was no authority ny which he could
designate the power of trial TO any one
else, whereupon Attorney Thomson
asked permission to rec.te authorities on
the subject Upon the assent of the
mayor he argued that the words used in
mayor from the city, or If he from any
cause be incapacitated from acting" etc.
were applicable in this case, and the de-
PENDANTS were entitled TO be tried by an
unpreiudiced tribunal. considering that
the affidavit set forth the statement that
the mayor had already preiudged the case.
81 arm satisfied" said the mayor, from
an examination of the authorities that the
- = 49,
contained In the affidavits 1 am bound to
take judicial notice of it, and | declare the
averments to be untrue. | have no doubt
of my ability to try the case fairly. and
While am sorry to disagree with the
learned counsel, ! hold that in case of an
affidavit as to the Partially of Judge he
is himself the best and only judge. Pro-
coed with the case.
Mr.. Thompson asked for instructions az
TO the mode of proceeding. and upon re-
ceiving it. entered general denial of the
charges and asked that each defendant be
tried separately.
Mr. Donworth elected to take the case of
Cochran first. and the mayor called the
first witness, C. j. Moore, who testified
substantially as follows:
II am miner. II years of age. and have
cement testing in charge of = crew of men
in the North aud South sewer tunnels for
eighteen months. Al one time | saw ], SEQ
feet of trench opened on West street and
saw about 100 10 $50 men employed. | saw
five men ut one time bailing water. have
worked a great many wears in mines
that have drained in different ways, both
baled and pumped. | think one man
could have pumped the water where the
five men were. One man with a pump
could, under those conditions, have done
the work of five men,. | saw men sheeting
u p the sides of the sewer, but they were
not busy all the time. They were waiting
for more sheeting 10 be brought. There
did not seem to be any supervision. / saw
a foreman there once, but he may have
been there ail the time. The trench was
in as good condition as possible under the
circumstances. There could have been at
least two-thirds of the lumber saved by
opening up a smaller amount of trench.
Four or five hundred feet OF lumber would
on Brook street twice. | noticed that it
was open five or six blocks ahead of the
brick work. and more closely tim0ered than
West street. | saw one manhole built
with brick. | have superintendent the
putting in of all brick in the North and
South sewer tunnels"
Mr.. Donworth asked witness what class
OF nFiGA As 10 Iuatlt3 hau octu uscu An tne
construction on Brook street.
Mr.. Thompson objected, saying that
there was nothing in the charges showing
that an improper brick had been used. He
did not think it right to bring the COM
missoners here on one charge and then
bring forth another.
THE objection II overruIed." said the
mayor. 1.-The msnhoIe is part of the
sewer"
Continuing the witness said:
There was a very poor quality of brick
used in the manhols on Brook street. 1t
was very soft burned clay"
At this point the examination was
stopped by deputy sheriff serving upon
the mayor paper which ne proceeded TO
read. 1t proved to be a writ OF prohibition
issued by Judge Langley. reciting almost
in the same language the afidavits of
Cochran and Collins. and concluding in
the usual legal form with an order nioin-
ing the mayor from proceeding. The writ
is made returnahle on Friday morning
1T would seem" said Mr.. Donworth.
that the respondents had joined the Pro-
hihitlon party"
Here is something in the nature of pro-
hibition agaist me, said the MAYOR. 1T
would appear that since have overruled
the objection they have got their affidavlts
together. gone to court and got out a writ
of prohibition; it is unprecedented and
will not hold a minute"
1T would seem TO me-" said Mr.. Dom
worth, that as las abiding citizens We
should adjourn the hearing until the hear
ing in the superior court on February >.
''Yoa are right" replied Aavor Ronald,
'as law abiding citizens We should adjourn
until the case has come un before the SUI
perior court. ! wish. to say now that we
will waive service and would ike the mat
ter to be heard this afternoon. In the
meantime / will cause all sewer work TO
be stoppad so that thIs may be determined
as soon as possible.
Corporation Counsel nonworth sus-
gested that the adjournment be until Feb
ruary for the purpose of keening the
record straight. which suggestion was
acted upon. and Mayor Ronald adjourned
the hearing until Saturday. February 3,
at Q 80 a. M, and instructed ali the wit
nesseS TO be present then.
Mayor Ronald at once called q special
meeting OF the council. hoping that that
body would furnish him substantial aid
and encouragement by passing an oTdi-
nance suspendjng work on the sewers, but
the council Was refractory and refused 10
pass the mayors measure. The ordinance
read IS follows
''SEcToS /. That the board Of pnhlic