The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-05

pose can b review bv -. .~-.-
ler this state OF thsner 49, = en-
Irauds may be perpetgxses 49, -. -
th~ ,,,..,s.. are without remedy. since
-, essiaf o15cers can do aofhsrv
dsr,s .saas the Votes. legal or illegal ar,
/. ne res'zlt- This was @rsasn,lv
,s-a ..s 1911 On the part Of the sArssla-
~srv..sss-s passed the act. AMI shoa,s.s t.a
fs<,,,,s - neFe are several cpnxtstr-
49, I1osisions intended to limit the A..
80 - .ne legislature in the pazxags 80
80 ss.. an state ex rel Reed vs.. Jgne~ 49,
ee heid that without legssss,ser -. 80
- " the state were poxe~1esa -. -.
So INTO the history OF any law r.ss,..
.. passe1 70 the stage Of al enrolled 81,
,' nea oy the presiding ofseers s,
LIN houses and been flied :, a.. ,s..,, s.
..'e secretary OF state. wa easI :,
n'on 70 this decision, Sirxs T.. go
tiefe may be as great c.ra - =,
~ constitutional requiremen4s s. -.
circumstances viii permit IN The -
~ DIS. Second. that IL sha sasrssr.ssa =
NJ u may adopt some yaa.ar.s -
"ch Inc courts viii be auts.argvx-, =
eAainine into the facts eor.resk,els 80,
.uV passdge OF an act when Il. "a a,r1s.a..
80 80 s9ae constitutional requirement hsv
= s1eu, or where fraud is aI.eras
~. passage or enrolment of the at
oeiore US In the case Ynenffor1s
snS proyisaons which the t,urnaf n
- lo1 snow We're passed upon bv hoes,
. a. ana II omits others which ~.
,suilais snow were SO passed uuon. +,
.s appears probable that a portion ar
Ton was accomplished by tho
at or neglect OF some enrolling c,erk
"uo was thus made the superior in paw-
CT " potn the legislature and the co,rtx
i"ehth-Recom the passage az =
general law covering the appolnt n,e,4
continuation, terms and methods Of "a.
gents. trustees or commissioners OF Ger
tain institutions mentioned in article "a
OF the constitution.
ihirteenth-CalIs attention tn the snass-
mite and uncertaIa terms OF the Law gov
erning the appraisal and sale ~ s,aa
iands. and declares 1t extremely srny,a,t-
ant that the law on this subject should
70 Ieaucea 10 something like system.
rour1eentn-The law providing for ap-
p-aisement OF school lands is uncertain
ior the reason that 1t does not sufficiently
piVsoe with regard to the rights OF the
owners OF improvements ON such lands.
Eiiieen-Cnuer article i, section s, OF
.ne constitution. permissiye authority is
gwen Ior the opening OF drains, fumes
ana ditenes for various purposes. but
there has been no legislation supplement-
Ing this provision. and II is imperative.
Sixteenth-Sections 30 and 81, chapter 81.
act OF 1888. governing appeals to the SUI
preme court, providing that an appeal
Dy defendant in criminal actions shall
stay the execution OF the Judgment is
not conducive to q proper execution of
the criminal law. In cases of felony
where the sentence Is for a term of years
In the penitentiary, there should be no
stay authorized by giving bail or other
wise, beyond. say, 30 to 60 DAYS. during
which 1t may be necessary for the prls-
oner TO prepare for his appeal. After
that time his term of service In the peni-
Tertiary should commence. Upon a re-
trial and reconviction. OF course, the par
fiai term so served should be deducted
from the whole sentence.
Seventeenth-The subject OF nuisances Is
treated In the statutes in several diff
ferent places under provisions which are
confusing and, perhaps. contradictory.
One comprehensive act should be passed
covering the subject.
Etghteenth--Code of procedure C HID.
sections 1885. 1886, 1887, providing for the
sale of land mortgaged by deceased per-
son without notice. is defective and
ought to be remedled
Observation-Disclosures 4, title 8, code OF
procedure. section 4s1. provides a sum
ms rv hns} .f
session OF personal property levied upon
under execution or attachment Section
4s5. which provides for the judgment 10
be rendered In such cases. Is inconsistent
with section 4si. In that II provides for
absolute Judgment 10 be rendescd against
the claimant for the value of the prop
erty. The judgment should be the same
as IN ordinary cases OF replevin for the
return OF the property or the payment
of Its value to the officer.
Twentieth-Coie of procedure section 5si
provides that i'm cases Of ejectment where's
improvements have been made upon real
property by the defendant the value Of
the improvements may be set off against
damages for mesre profits only. A
better rule would be that the plaintiff
In a successful ease should have the OPP
ton whether he would pay the actual
value Of the improvements upon the land
at the time OF judgment or take from the
defendant the value Of the land withou,
the improvements, and make him a con-
syeyance.
Twenty first--Tais section calls atten~
ton TO common defect In many acts
10 which are attached the appealing
clause. 'Ali acts and parts OF acts iu-
consistent with the provisions Of this
act aae hereby repealed This creates
great confusion because indefinite as to
what particular acts are intended 10 be
repealed. And Il provides no saving
clause, under which the rights of the
state or OF private individuals under
former laws can be preserved.
Sentiment Against Deficiency Judgments