The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-17
no IN ONE OFFICE.
rIy,I Supervisors Of q Rural
Road District
3 resT VALIDITY or THE LAW.
80 shane's Bisekmsfifng Suit Against
Or. Coyne Dismissed-sew susts
Filed - The Bletter.

M suit OF the state on relation OF
re.es gslsen against Richard o'Connell
g cost the latter from the cfscs Of road
scuervisor Of road district No. Is. which
. 8 rsfsses 20 vacate on the xround that
| e lsss road election was illegal. came m
! - bearlng before Judge Lsneiey yester-
IL evening on demurrer to the CON-
] nieint. The judge took the matter under
| e6yissment The case invoives the con-
| eisasionailsy Of another portion Of the
spsd lag OF 1893.
BESIDES the purely legal aspect Of the
~, there Is another and more interest
! M one Both men live near oriliis, In
nd district No. Is. and each has served
~ term IS road supervisor In the dis
rses. This suit is to decide which IL 20
hsve the third tsrm. and the fna law
posnt Is less considered By them than
possession Of the coveted Office. Over Q
var ago Nielsen was elected to the cfllee.
Bat the boundaries Of the district having
zen changed o'ConneIi, who ran against
him. brought suit in the superior court
20 oust him and recover the .'erno.uments
II the Office" about Si25 . year. After .
jong delay the court decided that O'con-
ssii was right, and put him in possession,
10 serve for two years from the date Of his
election, November 3, 1897
Last winter the legislature shortened
The term OF Office for road supervisors 70
one year and ordered that the next cleo
ton should be held On the first Saturday
ia December. 1858. It was expected that
she road supervisors In offsee would try TO
snjoln the election Of their successors on
che ground that the term could not be
shorted while they were in ONCE, but they
id not and the election came of a. or
dared. In District No. Is. Nielsen and
0'conneii were the candidates, ~ usual,
and this time Neissn Was elected. But
shsn he called upon o'Connell and pre-
ented his credsntiais. the latter told him
the election was Illegal and refused 70 va
cate. Then Nielsen consulted with the
county commissioners and IL was decided
70 make test case Of it and get . supreme
court decision.
complaint stating the facts was flied
last month and yesterday the case came
on for hearing before Judge Langley In
chambers upon . demurrer to the COM
plant filed By o'Connell. In behalf Of
s0'Conneli James Hamilton Lewis argued
for the demurrer. He said in effect that
shs constitution provides that all general
elections shall be held on the second Tues
day in November. The last legislature,
however. In amending the road laws had
ssen fit to make an exception in the case
Of road supervisors and provided for their
election on the irst Saturday In Decem-
Der. and also cut the term Of their Office In
bali. and by ordering the next election TO
take place In 1898 also iesislated O'Connell
aud other supervisors out Of Office before
their terms were half served. He said
that he would not argue on the right Of
the legislature to shorten his clients term.
bat he would deny its right to change the
day Of election from November 70 Deem
bar. For Nielsen and the county 6. II.
Plies. tho county's attorney In civil cases,
argued that the mere changing of the date
would not make the road Law uuconstitu-
honal nor render the election illegal, a.
Mr. Lewis claimed. Judge Langley took
the matter under consideration. The
county viii appeal to the supreme court If
Ns.sen loses.