Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1894-03-30
PULLMAN is A CITY.
Supreme Court Decides That Incorpora
ton under act of 1890 was Valid
There is no Flaw in the City Govern.
ment. Pullman has no Mayor.

The supreme court filed its opinion in
the city test case last Wednesday, the
ecision OF Judge Sullivan, OF the super
ior court, being reversed, and the ques-
ton OF illegality Of the incorporation OF
the city of Pullman being removed.
The opinion, in part, reads as follows:
The question involved was whether or
not the city of Pullman is a legal muniC-
ipal corporation, 1t was incorporated
originally under the law OF February =,
1888, and an attempt was made to rein
corporate under the provisions OF section
of the act of March p, 1890. The act
of 1888 was declared unconstitutional,
and it was further held that the city
could not reincorporate under the act OF
1890, for the reason that so much OF said
act as attempted to confer such right was
unconstitutional. The contention that
these conclusions were sound must be
sustained unless the situation has been
changed by the act OF March 8, 1893, le-
galizing the incorporation or relncorpora-
tion OF cities and towns, and constituting
all the language OF said act in the light
of circumstances surrounding its enact
ment such must be its construction.
From which it will follow that if said
act can have force under our constitution
cities like the one under consideration
have been thereby transformed into
organized bodies corporate. In our
opinion the act in question is consti-
tutional applied in such cities, and by
it's terms has made these cities valid
interpretations. Judgement is reversed.
Thus it will be seen that Pullman is a
legally incorporated city, its ordinances
are all in full force and effect, and the
municipal tax is collectible. The de-
cision of the supreme court removes all
doubt as to the illegallity OF the corpora
ton, makes all indebtedness valid, and
puts Pullman, as a city, firmly on its feet
again.
As there was no city election held last
fall, the old city officers are still in office.
and must continue therein till their sue
cessors are duly elected, which will be at
the time of the next regular election,
Mayor Neill resigned his office some
time ago, and the vacancy will have to
be filled by the city council. SHOULD any
member OF the council, or any other Off
Ger resign, the vacancy would be filed
in the same manner. The question of
illegality Of the incorporation was first
raised by the supreme court decision in
the Denver townsite case, which was
supposed to embody the same principles
as did the Pullman case, but the court
decided differently, and gave adverse
opinions.
Following the Denver decision, all
those towns of the fourth class that had
reincorporated under the act OF 1890 be-
lieved themselves illegally incorporated,
and Paouse, Oakesdale, Tekoa, Farm
ington and others proceeded at once to
reincorporate, and city officers were
elected under the new incorporation.
Pullman, however, with the usual get
there-nesa, decided to make test case,
and be sure OF her ground. The out
come of the test case proves the wisdom
OF the STEP as all those towns that re-
incorporated must now go back to the
old city government, having been to the
expense and trouble OF reincorporation
for nothing.