The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-12-01
THE CONTEST is ON.
Populists May Be Defeated by
Their Lawyers.
DEFECTS FOUND IN CITATION.
Lawyers I'm Van de vanter-Moyer aud
Eamex-Askam Cases Have Verbal
Batsle-BaIiots Guarded.

was taken under Amusement until Monday
morning by the court after q motion 20
ouash, on the ground OF defective eta
ton. Both Van de Vauter and Meyer
were present. was also Franklin q.
Sickerson, of Enumclaw. whose e!ectlon
to be county commissioner has been con-
tested BY James Jones. OF White River,
the Popuist candidate. The position
taken by counsel for Van de Vanter was
evidently surprise 10 the attorneys for
the Populist, but they made a strong stand
in support Of their contention.
Judge Langley finished hearing his pro-
bate calendar promptly at 10:3o, and called
for the election contest cases. A little be-
fore that time the attorneys entrance had
opened and William III. White came in,
followed Immediately by Meyer loaded
down with half q dray load of law books.
Richard Winsor, William ). Bush and
John b. Hart came second later. and
after them Z. c. Hughes and Andrew +.
Barieigh. Sam Piles and W. K. Gay were
already in the court room. John T..
HUMPHREYS and Col. James Hamilton
Lewis and Boyd j. Tallman and John T.
Condor we're also present.
As soon as the case was called Mr.. Gay
interposed his motion. appearing specially
for that purpose, and proceeded at once TO
argument. The grounds of the motion
were seven, summarized az follows:
Flrst-The citation was not issued by any
person authorized by law. and Thomas W.
Gordon, the clerk named therein. had no
power 10 issue il whereby the court could
acquire anv jurisdiction over the person of
Aaron T. Van de Vanter.
Seeond-The citation was addressed TO
Van de Vanter.
Third-The citation did not specify any
particular time or place, and did not direct
Van de Vanter TO appear at any time or
place specified in any notice and order
made by the court for the hearing OF the
proceedings.
Fourth-The citation was not tested by
the court or any OF the judges thereof,
and did not purport TO be issued under or
By direction or authority of the court
Fiith-It had not been served on the
defendant IN the manner provided by law.
Sixth-It nowhere informed the defend
ant of the nature or character of the pro-
ceedings against hin. or OF any ground of
contest authorized by law.
Seyenth--No citation in the proceedings
had been delivered TO the sheriff or any
constable of King county to be served on
the defendant.
By the time Mr.. Gay had finished read
ing the paragraphs of the motion to quash
the narrow limits of Judge Langley court
room had become taxed by the throng
gathered TO watch the proceedings, and
the Judge decided TO ad lourn to the crimi-
nal department. not in use yesterday. In
a few minutes the change was made and
tile crowd comfortably seated.
The argument for the motion was d.
rected principally to the fact that the
citation had been directed to Sheriff
Woolery instead of TO Van de Vanter, and
therefore that the latter had not been cited
TO appear. The procedure. the attorney
contended, was purely statutory. and in
case like that before the court the statute
would have to be strictly construed. The
court could in no sense acquire iurisdic-
ton OF the person of the contestee
antiI he had been legally cited to
appear. aud. there being no citation, there
could be no removal of Van de Vanter
from the office for which he held certih-
cate from the county auditor. The pro-
cess, TO be in accord with the statute, must
be directed TO the person himself must
cite him to appear. stating the time and
place. and must notify him of the conse-
quences OF failure to appear The statute
-
wanting in the requirements of the law,
either as TO its provisions or as TO the
mode OF service. II mnst be suppressed.
The citation had nevar been issued out Of
the court, and there was no jurisdiction to
try the case, aud until the court did &C
quire jurisdiction OF the person of the
defendant the case should be dismissed for
lack of form.
u
made by Messrs. Gay. Hughes and Bur
leigh, Mr.. Piles taking no part in the dis
cusslon. For Meyer William H. White
and Richard Winsor spoke, taking the
position that the statute had been followed.
and that If there were any variance it was
not material and that the writ had been
issued substantially in compliance with
the law. Mr.. White said
There are more parties in this case than
the persons named in the title The
whole people are interested in the event OF
this contest, and the people themselves
are parties 20 this action. The citation
had been made out in compliance With the
law: and, moreover ii mas always been 10
my mind a paradox that a man could
come into court TO tell the court
that he was NOT there. We should brush
aside the quiobles of my learned brothers,
and the court should proceed TO hear the
evidence IN this case. whether the defend
ant appears or not.
The citation issued 10 Van lie Vanter is
not defective, il 1t informed him of the
cause or causes on which the contest is
based. The Isw now here SAYS what eita-
ton IS. IL Is command to appear, and IL
matters not in what form that command
-, so long as Il Informs the party when he
shall appear and what he sAah DO. The
clerk Of this court certainly understood
what wss meant when the paper was filed
II his ossce ana the court surely under
stood the meaning Of his act when be
ordered the citation TO issue.
he law says the clerk shall issue a
citation. but the las does not say IL shall
be directed 70 the person. IL says is shall
Re directed 20 the sheriff The main OBJ
lection Is this. That the citation u ceify-
cred 10 James ii. Woolery. and call the
notice summons or citation. What YOU
please, the statute must be literally con.
sirgcd
y relteTste the statement in late num-
Der Of toe Auericaa Law Rctjetc that this
halr-spAt'ioS IN election contests in order
10 defeat the vii % the people is dis
grace 70 American iaris2ra1cnce.
As M White allowed ais feelings 70
get the better Of hts legal training ana
directed his remarks 10 the spectators
rather than 70 the court. there was a
shutting of feet aud a subdaei clappiar of
hands among The Popnlstic element Of
the audience. giving pTsmonitioa of a
burst of applause The basha quickly
raped for osceF. sa3 Judge Langiey car
toned those present 20 refrain from any
expression esther in approval or dissp-
prevail Of the speakers There was no fur-
thsr sixa 81 denomination.
The csse vas submitted on Ehe motiou