The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-15
IN FAVOR OF sNoHoM1sH.
Judge Baliinger Grants Injunction
Against County Seat Removal.


Against County Seat Removal.
Judge r. A. BaaHnger, Of Port Town.
send. came to the city yesterday, and last
evening notified Attorneys Sapp & Lysons
and 8. II. Plies. who represented Snohou-
ish IN the county seat case which was ar
goed before him last week. and which he
took under advisement, that he had
reached decision In favor Of Snohomszh.
and granted the injunction against the
removal OF the county seat to Everett.
Judge Baalingers decision. which he has
given in writing. is quite long. and ne
elabcrately discusses the questions pre-
sented In the case. The case turned on
the right OF the court to Interfere with
the decision Of the board OF commission
crs ordering the removal, and on this
point Judge Bai1inger says:
Granting that the powers conferred on
the board OF county commissioners ara
political. az held by the supreme court,
there are however, strong reasons why
the action OF the board OF county commits
sloners In ordering the removal of the
county seat Is within thu reach OF the
courts in Tsss particular case, without I'M
pairing this doctrine. The iansuasS uf
the constitution Is that no county seat
shall BIO removed unless three-nfths OF
the qualified electors of the county voting
on the proposition at a general election
shsRi vote n favor of such removal, and
three -fifths OF all votes cast on the propo-
sition shall be required TO relocate q
county seat (Const- art II sec. - Sec
tson Ala, Gen. Stats. provides that '8
three-ffths o. the legal votes cast by
those voting on the proposition are In
favor or any particular place the board
must give notice OF the result etc. Il
will be seen from these provisions ,rat
the number OF legal votes cast at an eiec-
ton he'll fer this purpose must DE In
some way aseersalnaSie. or In ether
words, the board must determine with
positive certainty that OF aa the legal
votes cast in the county on this question,
three-fIfhs at LEAFS, were IN fAvor OF re
movai. IN order nat the election can ef-
feet the locatsoa OF sha county seat. .
II results from those principles that the
board OF county commissioners have no
authority 10 ignore single legal vote
cast en the csoants, SO long as It's count
may Influence oae way or TIE ether the
reyIl. OF the election. ard fortsori they
cannot throw ont or ignore a considerable
number Of legal votes cas-; upon the prop
oSsstosi. which if Counted woysld affect the
result IL from any fault or fraud
on the par, OF the election officers or the
board OF county commissioners the result
which tho constitution says must be
reached Is rendered Impossible o. deter
a,lanavsan the purpose cannot be eceozn-
plssaea by overriding the constitution.
The nnrrortet canvass shows that $50
votes were east In favor OF Everett. and
: 9ss votes against Everett, D. In fayar Of
Sneho-atsh The minutes Of the board
show that they threw cut the precincts Of
Port Gardner ard South Snchornashs IN
which the resurrss showed shas s6S votes
wee cast upon the proposition. II n also
confessed by the sffi5avits OF defendants
thar 81 legal votes were cast IN Pert Card
ner press-scs or the proposition. and &
tegai votes IN South Saohosni$h precinct:
<esat Il Was impossible 20 ascertain from
;ae returns OF these suo PRECINCTS bow
Yssany of RE lawful votes east were for or
against this proposition. IL results. there
fore Tat 1T legal votes were confeSssssy
cast on the proposition ere way or tire
other, hlzs in What proportion no one can
ascertain. hence the question % wae.her
rhyee-nfcAs OF AL the iewas vcsss were
cart IN the county On ERE proposition Is
lee. 70 aasosute conjecture"
Referring 30 the result % tie decision.
Judge Sspp, one % th@ attorneys sor Szs,-
nornlsh, said last evening: an cer cpln-
tsn. thSs asczs4oa practically settles ,ae
case in our favor. In az o. sae proceed
.-s-z 81 tAs case SO far there has rrac-
ts<,siiv been but ore question considered
szs.. that Is. can the order OF the hoard OF
commissioners be revtewet. by the coarts
a. ans Until now the tAeo-y ot the E,v-
erets attorneys has rrevaIesA and TIE
eoar: has declines 20 Interfere; ous by