The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-22
WELLINGTON IS OURS.
II Il i'm King County, Judge
Osborn Says.
-ur CORNER is ON THE SUMMIT
,.ruor Dealer Cannot Recover for LIE
cen@,-slx Cinnamon for Depor-
tation-An Old Hop Suit.

-s,v county extends TO the summit Of
- - Seade mount aims. and includes With
= - boundaries the town Of Wellington
=. aoia otherwise would do violence 70
-. ynsr.Ise.st intent OF numerous statutes
.asnfny county boundaries. and would
ss~a.iys or dlstort the expressed will OF
swrsrogs legislatures extending back 10
- ,3n1e when Washington became a ser-
-, after the government carved IL OFT
,shA immense empire which at that day
s.ssaa under rne name of Oregon. This
3 sAo effect OF decision rendered by
r,,sge Osborn yesterday IN passing on the
e az samuel Brown Va. the county COM
-s..saners 20 recover 800 paid on a e.
.egss 20 sell liquors At Wellington.
a. the basis OF his action Brown act IN
an,,;slal mistake between himself and the
-s,1-y commissioners, in believing that
Wellington was Ia the county. The par
,sss TO the action in submitting the case
A. Jussge Osborn stipulated that FerSru-
ans house. mentioned In the complaint,
ga s.tuated one and one-fourth miles
xsss Of The summit Of the mountains and
,hree miles south of the south line Of
sowusbip q north, range II east produced
q an intersection with the summit, and
eseen miles east Of townships % and n
18Th che latter Of which had not been
suryeyed BY tire government. The sur
80 AZ township q has not been accepted
The difficulty and uncertainty as 70 the
s,s,ern tine Of the county arose from the
,.neV,age OF the legislature in describing
ne boundary The lines are described
.srfv a. "lHp ra1e main channel OF Green
,.ysr TO the summit OF the Cascade mount
ssns. thence northerly along said summit
a ire southeast corner of township q
North range II east, II being point due
.asf of the northeast corner OF township
n range east
In passing on this point Judge Osborn
..8s. 'If the southeast corner OF town
40 q were situated on the summit, there
would be no difficulty in this matter. but IL
has been ascertained that THIS corner "
sksus fifteen miles west of the summit.
To determine whether the legislature In
,eased the northeast corner OF the county
20 be- al the summit or at the southeast
corner Of the township we must ascertain
tie fact, II possible, from all legislative
acts affecting the Boundary"
The opinion then takes up the act OF the
Oregon legislature In 1852. organizing
rNurs,on courrty: then Pierce county: then
Kine. and Island, an 1852 and 1853. Next
comes snohomish county. organized by
Washington territory in 1877. In all Of
these acts the expression summit of the
Cascade mountains occurs. Judge Os-
where monuments or fixed points are
used. courses and distances must yield.
The legislature. in describing the eastern
boundary Of King county. has designated
IS a permanent and fixed monument the
summit OF the Cascade mountains. This
does not necessarily mean a straight line,
but the highest elevation OF that range.
Il. then. the summit OF the mountains
must be followed az a permanent and es-
tablished natural monument. the legisla-
ture certainly did not intend that the sum
nj, should be departed from to find point
fifteen miles west OF that summit without
giving some point OF detection from the
summit west OF the range"
The court. after referring 10 the fact
that the township corners were in an I'M
known wilderness. not to this day survey
ell by the government. concludes that the
legislature intended the northeast corner
OF the county 10 be ION the summit of the
Cascade mountains. at point due east of
the northeast corner of township 2s north,
range east"
Applying the above reasoning 10 the de-
nand OF Brown. Judge Osborn holds that
IN PAYING for the license Brown received
exactly what he paid for. and has no cause
OF action against the county.
Last October Wellington WAS decided by
Judge Humes to be not in King county in
lae cases OF the State vs.. Frank Camp
bell Ferguson. Benny and "Scotty."
charged with selling liquor without a IL
oense. one of the cases was brought up
ana dismissal granted on the ground
that The place Of the alleged crime being
outside of the county the Information was
defective.