The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-05
c4S IN LAWS
Out by the Supreme
- to the Governor.
rolsLATURE TO REMEDY.
8 - ssbjscts, Incsoding Regis
rends. County Seat Coctessss
"a Tide Lands and Banks.

Ian. 4-SpeciaI.-Th .ucges
- ,s--.,-me court have submitted to
z.s-<.rar the following report Of
a 81 aefeets 10 the laws Of the state
- vtos,. ernbodyiag reports made
3z ~ the superior judges OF the
-. re code OF procedure provides
e s,.af In nsandanus cases an APP
s.!5,. - taken in like manner and
zzs-. /, cfyii action In State tx rel.
- e. ". superior court, Wash. 9.
s~td that a supersedeas was one
posssbilities OF such an appeal.
4 ssx>lopesi as a sequel to the last
"A .,<ction that use of this section
-1.ss,te and of the decision in the
~ ..tioned has been made 20 serve
<z ~ S~csnse for refusal 10 perform
-. ;asty ou the part of certain election
We recommend that the section
"a be 70 revised that there would
ss1 -.persedeas IN cases where public
szs.s - required by mandamus TO
zS- natl,c ministerial duties OF the
nestiened.
There Is no provision In the
i regulating the compensation of
- appointed by the superior
Il our Judgment. In all cases
! ;iFS. rsexivers are appointed the CONF
IN Of the officer should be regu-
~ - the same rules as govern IN
- uerstion Of the estates of deceased
! Z: ~ except that when. By reason OF
snturs Of the property taken In
$50 by the receiver. as. for instance.
p 1nu1ysnt railroad company, the prop
- alt il not disposed OF. but Is OPP
1Il IL the benefit OF the public by
4 roceiver--an such cases only should
) 1uuspensatson OF the receiver be by
o3-Thss court considers II incum-
1non II to hold that it is not naces-
~ municipal corporations to take
i 17d from the contractors for street
p4emsnt conditioned that he will
]sborers. mechanics and material
- The reason for this decision was
il hde1nitenees of the statute. Should
II y ire desire Of the legislature that
- shocid be given I'm such cases, X
IN ~ necessary for Is TO revise the
4eFth-The only law we have in the
m ptsscrlbing what instruments may
4 mi be fled or recorded In the Office
x caunty auditor is contained in @. s.
mE) sections isS and 100. under the pro-
g6lono II these sections, beyond a few
lfnpuenis named 1t Is uncertain what
III q may be recorded. Unless the law
oooalfes record OF an instrument and
lnkes It's record constructive notice.
~ actual record OF 1t Is of no legal
te1 Assignments OF mortgages. in
5rpcsiar. are nowhere mentioned, and
hrfcent important case want of defin-
1lEess upon this subject was the cause of
Qe6t loss to party who was himself
tnliy wisaont fault lfioward VS.. Shawl.
3 also. there is an Indebtedness In the
izs provldIng for the satisfaction or
moFtcagss and other instruments oG
record When mortgages assignments
sasa be required to be recorded there
= every prcpriety in requiring the as
eesfs OF the mortgage to make the salts
'seslon. As the law stands Ii might per-
eaN 20 open to claim that nobody but
- original MORTGAGE can do so.
Hth-Foreign corporations doing busi-
~ In The state can be sued only In the
@ansy where the corporation has an Of
~ Tor the transaction OF business, or
shsre some person resides upon whom
sseh process may be served. 1t would
seem that IN cases OF purely private cor
feFaions. when the only person upon
seam service can be made Is statutory
sssai The privilege ought TO be extended
citizens OF the state to bring suit
ssasr N the county or their own resi-
aeass o. n the county where the con-
Asct was made as well.
HkiE-TNice this court has been called
Nph % review cases involving the ar
tsssineat Of the stock ON national hanks
'er TAXATION. In BON cases the assess
menus we're upheld. but in both the deci.
ssaa *as arrived at only upon sonsiruc-
sRa g TIE law whica was not salts
.asosy 10 this coutr. These eases have
essn appealed 20 the supreme court az
e tnltei States. and it Is not OK all
ssena me bounds Of possibility that that
esosaai may come TO different conciA-
s1 The trouble with the statute unon
- Mhject Is that IL is obscure. in
...'sa shi nncertail. aud there IS danger.
ssFs y Revised. thas there viii come
saae wsser this sta.a viii be practically
.saeat law for the proper TAXATION
s'ns Property Of banking and other
.shs'sl Institutions, PARTICULARLY nstien-
A careful revision OF this sub
!. 8. SHOULD be made with a special view
! s 's'e avoidance OF double taxation, ard
z 'as light OF tire experience of other
s Z 10 the end that this yexed uucs-
- saoaid be set NJ rest.
a'snss--The registration law makes IL
.ss.lsses that the registration lists be
: :, election af STATE officers CITY.
s., IS saecf of iais Is that ut many I'M
's..4hs elections held In the state no
+ fs,.ss ~ all - required.
- s1la-Ihe road and ditch laws OF 1890
- aesn declared ly this court rrac-
q, 49, imperative by reason Of the fact
- sas provision made therein for the
- 80 y lands far slsht OF way were
Y ne Unconstitutional The rea-
= - sals result vas that no snfsis lent
- eas 'assa in he enactm>n t of these
sa preserve the r3gh.s Of property
49, saier Tho constitution ar the
49, There arc numerous separate acts
! Aaed IN thc stature prcviaimS for
Z ssasennaslon OF ian,is. The state 81
- has Al cmcieu. law ur,s.ev
,.s.s'liatsenai provisions similar 70 cur
- . which We cali particular atten.
49,, ss,.sa--Tee law providing for The re-
49, " eamases by the widow ard
49, a e a deceased person whose
49, 49, vss caused by the neslsxenes OF
- = IN much confusion. arising
= sae fact TIA, IL is uncertain whether
g. - aa9 her enlsrea NAY bring ore
- " several actions. ana II they
s. - VIE SCt8aa hsy the .,,-N.~aAss - -.