The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-02
CITYS Law AFFAIRS.
Corporation Counsel SCOTS An
nual Report.
the kRuc DEFICIENCY SUITS.


Cooperation Counsel Scott yesterday
cent 10 Mayor Phelps his first annual
report giving the condHscu Of affalrs
or the cityss Law deparsen.-
Mr.. Scott states that when he took
possession OF the once number Of
cases were pending aside from the
grade assessment. which are now being
prosecused Ali the street grade as
sessment cases. he says. were turned
over to ham except those In the hands
OF John W. Pratt. who has contract
for the prosecution OF these claims
1T Is impossible reads DIR. Scctt's
report. TO get warrant holders &c fully
appreciate the condition under which
these warrants were issued The fact
that they were issued by the city OF
Seattle and drawn upon special funds
does not entirely relieve the minds Of
the people who hold these warrants of
the too common error that they are
liabilities Of the ETY. instead OF the lia-
bilitses OF the Involvement districts"
Among the principal cases which he
tnherited from the former aduinistra-
tsons Mr. Scott says. were those brought
by the several National banks OF the
city against the city to restrain the
collection OF the taxes OF 1884 and 1892
assessed against the capital stock OF
the banks The taxes. Including the
principal, interest and penalty, amount
TO -. s5s.si. The superior and state
supreme courts have held IN favor OF
cases 20 the United States supreme
court They contend that the question
at issue involves the construction OF
section 2i9 of the Revised Statutes of
the United States.
Mr.. Scott recommends that the United
States supreme court be asked to ad-
vance these cases on the calendar.
Otherwise he Gays. a decision may not
be rendered for two years.
Mr.. Scott says he has brought the
following actions on account Of the
Krug deficiency:
Against d. II. Gilman. on a check for
$2,2o5.51. given by him TO Adoiph Krug
September II. 1898.
Against p. r. Denny. TO foreciose a
mortgage on real estate. given to Sc
cure the payment of $i2. 400.
Against ID. T. Denny and Louisa
Denny. his wife. on a pronisSory note
for 5000.
Against Fred f. Sander and others,
10 foreclose a trust deed. In which case
Lester Turner In trustee for the city
and several of the banks OF the city.
The city's claim IL IS, 600
Suit, AR. Scott states. has also been
commenced against Treasurer Ames
and The sureties upon his bond, TO re-
cover a deficiency arising out Of the
collections made by him on street as
sessments.
The city has appealed the case OF
, Henry A. Frederick against the city in
volving the validity OF the reassessment
OF Division street, to the supreme court
A case which has been pending for
nearly two years and which will be ap-
PEAKED TO the supreme court has re-
cently been decided by the superior
court against the city. In this case the
plaintiff sought TO recover for the
amount paid at a sale OF land for de-
linquent taxes where IL appeared that
the property was assessed 10 two DIFF
ferent persons. and where the taxes had
been paid by one person In whose name
IL was assessed. but not by the other.
Mr.. Scott thinks the supreme court
should pass upon the question.
II am OF the opion,'' reads Mr.. SCOTS
report. that In all cases where any
principle of law is involved IL will In
the end be more economical to have the
question settled by the court OF last re-
sort.
There are about seventy-fve cases
now pending and undetermined, inciui-
ing those already mentioned, but not
Including grade cases Many of them
are OF Importance so far as the amount
involved Is concerned. and in a major
ity the city is defendant
1T IS gratifying to know that the
care which has been taken In the pre-
paraticu Of Improvement ordinances
under the bond system. and leading up
TO the issuance Of the bonds for said i'm
provements. has been rewarded by the
fact that no legal objections have been
made TO any of the proceeiings''
TO Mr.. Frank Steele. Mr. Scott states,
he Is greatly indebted for his valuable
services In assss ts HIM In thu dis
charge Of his duties. and OF City At
torney Melvin G. Winstock he saws:
"Mr. Winstock Is thoroughly conpet-
ent for the oi'ice Of city attorney. and
Is an energetic and careful prosecutor"
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No trial can he TO exhaustive 10 test
too exartin- for the assrutrafte n..aygsin.