The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-27
SEVEN YEAR TERN.
|a1olph Krug Sentenced to tho
Penitentiary.
an ON supeRseoEAs BOND.
- Asssrney Objeets - Judgs 0oosops
ysrisdicsisn. ssA - vaIiAssy ~
City Chsrssr-Blessss.

Il A601Qn hEbA Viz 0SsA4A ex&sk Wy w.
t.,ur. was last night sentenced 70 seven
-au 1t hard labor In the psnisentiary 81
xaas Waila. The whole afternoon vss
reus In arguing for stay Of judgment
e.. . new trial was denied, and IL Wa
10 o'clock last night when the sx-c:ty
/ .eeares rose 70 recsive more than half
- fail penalty Of the Law. ten yssrs. Mo-
- Of IN appeal 70 the supreme court WAS
slven. snd . supsrsedsas bond Of 8, 600
seoepted. Only two or three friends Of the
fafepdsnt, tbs officers Of the court and
usesspapsr men were present when sen
1uscs vas passed. Krug was unmovsd.
Krng came mp to court, whore Judge
Moore was waiting. at 3 o'clock yesterday
slterroou. When Mr.. Lewis. his astor-
-. and Prosecuting Attorney Miller had
arrived the Judge ruled on the motion for .
/ ~ trial. saying that the only good reason
al forth for granting Il was the alleged
| Misconduct Of II. A. Fredricks. one Of the
fssors, which was not proven and which.
snJess tie defendant was clearly injured
| - tbs verdict, would not b . good ground
/ 1cr granting the motion.
Mr.. Lewis then rose ana addressed the
| eosst with confident air. He said that
I y sould now ask for stay Of judgment
I . the ground that:
ftYst-There was no incorporation Of
the city of Seattle. and therefore no such
oClcer o. city treasurer had ever existed
l usder the charter. The Law Of the Iegisia-
turs empowering tho city TO make
ks own charter provided that after
he charter commission was elected
he ommissioners should sit With
| IA ten days thereafter and prepare
8 charter. From the certificate Of Mayor
White appended 10 the charter IL appears
q clear as day that they did not sit within
the time fixed. The law further provided
that within thirty days after the commits
sion began sitting the charter II had
formed should he submitted 70 the city
council. On May 81. 1850. the commits
s.onsrs met to prepare the charter. and on
August 4. sixty days and more thereafter.
ssnt in the charter. The time In which
shs commission had power delegated to IL
20 perform legislative act had then ex-
SIRED by law. The publication Of the hottie
Of the election Of freshoiders was also de-
lecsivs; the incorporation invalid, there
fore, since it had never bssn remedied
10 the proper way by IN oct Of the lsgis-
hturs curing the defect
charging did not follow tie statute and
slisgs that the money was public money
iatrustod TO the treasurer ''for safe keep
Third--That Judge Moore had not had
iurisdiction of the defendant and could
not therefore pass sentence, because under
the law Of 1888 no judge could call an
other judge from another county to cit
for him without IN order of the gov
case. or by . request made by
the Judge in writing and entered
on the minutes Of the court - . judicial
Oct before the judge called had commenced
10 sit: which had also not been done. There
fore Judge Moore also was absolutely
without anv power to pass sentence. This
request could not be made IT the present
time. after the trial. that 10 numc pro tame,
for il was jurisdictionsl No act could
now give legal jurisdiction at the time the
oct vas done.
Judge Moore looked rather startled
when Mr.. Lewis made the bold statement
that the city charter Was good only for
Wrapping paper, and looked ~ the veneer
sted document which lay before Mr..
Lewis with . very puzzled cir. while Mr..
Lewis stated that he was aware that IL his
position were sustained by the supreme
court all the bonds voted, streets graded
and taxes paid would be illegal. aud the
present municipal officers only private
citizens performing official acts by
the consent Of . voluntary organization
Of individuals free 10 depart from their
agreement ut any time. The statement
that for two weeks he had been sitting
merely ~ private citizen bearing cases
In q Judicial capacity also seemed 10 bother
Judge Moore. He leaned over 10 Clerk
Hughes and asked what entry there was
In the minutes of the court The latter
responded that there was none. but that
one would be made in tho journal Of the
court when IL was written up from the
minutes.
We'll. was there any order Of record be-
fore this trial commenced?" said the
Judge.
Judge Humes asked me to make An
order on tho minutes that Judge Bal.
lineer would sit for the first week he was
gone to Iowa and Judge Moore the bal
anee Of the time"
Here Mr.. Lewis interrupted with:
Il think that no such request in writing
has ever been made, any more than the
kilograms Judge Humes sent"
Judge Moore said that there must have
teen some such request, and after long
dispute In which the matter was thor
oughly muddied, and the only fact estab-
ished was the fact that there was no entry
on the court minutes. an adjournment
was taken 10 3 o'clock.
But In the meantime Judge Humes had
been summoned, and he made up from his
memory the order he had requested the
CLERK TO make on the Saturday before the
trial commenced and had il extended TO
that date. March 10.
At s o'clock Judge Moore ruled on the
motion ;or a stay Of Judgment He held
that krug was an officer lie facto. and for
the purposes of the trial de jare, also.
The defense could not. set up that the city
vas not properly Incorporated. IL would
be the same il a thief should steal from
railway corporation and set up as defense
TIA; the company Was not properly In
eoFpcgaied, In the IN after OF the suitciency
OF the indictment he vas of the opinion
that IL vas not . valid objection thai the
nae Of the crime was not fully set out.
the defendant could have had no difficulty
In finding out the exact crime with which
he mas charged. But both Judge Hnmes
and himself had passed upon this point
'scge Moore then continued:
wow. as to the jurisdiction. VAS liz
us surprised at this technical objection. l
WI hold thelminates Of this court to
ee merely temporary, while the journal 10
TIE permanent record of the court. Untig
soe record Is made up and the judge has
ssned Is l think that IL Is in ihe fall
power Of the court "a change u. | am of
We opinion. too, that IN appearing IN
eoatt ana standing trial the defendant
waved any objection 80 the jurisdiction
ead, Ia fact. gave jurisdiction OF himself
The Judge spoke few minutes more in
tie same strain and then Mr.. Lewis en-