The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-25

OLYMPIA Dec. A--Spcci zl--The SUI
preme court today reversed the order from
the lower court granting a permanent in
junction restraining the officers Of Sno-
hcmish county from znoving 4Aear ollaces
from the city Of Snehomlsh 10 Everett.
This means signal victory fer Ever-
ett ia a long contested county seat sgrug-
gle. After the aeneTsu election Of lisa.
when this removed Was the issue. the
commissioners declared that Everett had
received uhe requisite majority and ORDER
ed removal A temporary injunction
was secured and al appeal taken. and. II
then appearing % the supreme court that
the actten % the ecnmsSSioners void.
because they Lad not received and COM
pared the esection returns as required hy
Law. the order was affirmed.
Subsequently the commissioners cam
vassed the returns regularly and dsciased
the result IA fAvof % Everett 1hcreupon
this action was begun. and a temporary
Injunction vas granted 10y the lower court.
The supreme court thinks gAe board was
nos preeiuded fromvanyasSlng the returns.
as they did. hy mere lapse OF time. Tho
opinion says;
Direction as to time Is not mandatory.
and the action of the lsoarI Was as affica-
cious as Ii IL mad been within ghr tins
prescribed by law. when the legislature
has aeSolved upon . tribunal the duly OF
declaring the result of aa election ike
this. il seems to have been their Intention
that such tribunal, aud no other, mnsi de-
termine the result and that they cannot
discharge their duty without exercising
their Judgment. as they dtd here IN reject
ing eha returns from certain precincts:
and. IL they arrived at wrong eonssu-
sion there appears 20 be no legal method
whereby their acts can be reversed by tao
courts.
"As the commissioners have canvasssd
the returns as directed by law, the sn-
preme court 10 constrained 20 aceepi Sneir
decision rs conclusive upon the courts
Everetrs Legal victory.
EVERETT. Dec. sA-SpeciAi.- elcc-
ton for the removal OF the county seat
from Snohomish 10 Everett was held ss
the general election ia November, issi-
The county auditor, the custodian OF ihS
returns. refused TO allow the county
commissioners 10 canvass or In any man
ner ascertain from the ballots the number
OF votes for or against the removal. Ths
regular canvassinx board proeeesed 10
canvass the votes on the county scat re-
rnoyal. AT the sasua time they counted
the votes for county officers
When the precinct of South Snohomsh
was reached II was found that fhere had
heen from q to Il votes cast for caudi-
dates. and that M votes hst been returns
which. except votes. were against RE-
movsl. Erasares had been made in two
places on the returns. and the 800 extra
tallies. and the In the fooiings. as weS
as tho writing over the erasnres were not
In tho same handwriting and written wtts
another color OF ink from the balance of
the returns.
Everett attacked these returns IN tho
superior court and was defeated; carried
elded that the board which canvas@et
the returns for the county officers was NOT
,ha LEGAL hoard 70 canvass the county seat
vote. that this could be done only by the
commissioners. and that ths result was
tho Same IA N no election had been held
Everett then. IN October, isso, pfeFsheh
upon the county commissioners 10 canvass
,hs vote FOR county seat. in aeeorlanes
with the decision OF the supreme court.
,i.be commissioners in this canvass threw
ouf the 300 extra votes of South anohnnish
nreeIuct. Thls gave Everett more fhAn
fhree-fifths of all the votes cast IN fAsof
OF removal. The commissioners tnen ae-
clarcd Everett 20 be the county seat tfote
and after November ;, p@s-
r ~ uefYne- county attorney. then
,.,-nmenres action to restrain the various
county officers from obeying the ofdsr OH
tha ground. first. that the commissioners
dld not have possession q the fstntns 20
make a valid count. secona. lfas1 ~. ~ s" .s
missioner had Improperly coianrfl sne ~ ~
t,,rns ~ south snohamlkh ard Port baFd.
ner precincts: third. fhat the time hai
elapsed IN which the commissioners couia
ascertain the results.
wata everett vas defeated In the Au-
nAriar court. and again appealed % ths
surreue court. THE decision as rendered
today by the higher court decides al
r.oInfa in favor OF Everett and disniisses
the case.
suohomish SIN Hopeful.
sNoHoMTaH. Der. 2i.~Specsa - or
was received here today 20 the enect tnas
me supreme court had decided tn favor or
Everett in the county seat case Ihis
csss was up on certain teehnIcaiities IN
the court. and Il h net believed tnat =
viii settle the cass, Nhiah 80
se,.osv set.ahf at the polls ard ~ the
rourfs for the pass 40 years. A. prom
inent citizen said today. sonth rnoh"-
muah mas not been heard from yet