The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-10-03
ORR Is NOW MAYOR.
THE SUPREME COURT TURNS DOWN
TURKEY>FAwCETr.
TacOma VIII Now Have the Mayor
She Elected. and. II In Hoped.
Rid Herself of Many of tho NM
ntcirai Troubles . Brief Popu-
Upon HeN
.-Spectss.-,Maycr Angelo

Tacoma. Oct. a-spectsl.-Mayer Angelo
Vance Fawcstt will have 70 get out, n
the language Of the court. in.tanter. This
Is the effect OF the decision OF the
preme court today In the Orr-Fawcsts
contest case. which was carried up from
here on inc application OF Fawcett's at
torneys for a writ prohibiting Judge
Pgltchard from falling Fawcett for con-
tempt. Instead Of peaeeably sure nder-
ing the Office when Judge Pritchard's de-
cislon was rendered. Mayor Fawcett held
on. hoping 20 serve out the term by fight
ing the case with legal distractions.
Mayor F'avcstt had not heard OF the de-
cision when seen by the Post-ln;eillgen-
Ger correspondent at II O'clock tonight.
He was unwilling 20 make any statement
until he had seen his attorneys. He was
asked point blank il he would step down
and out. bat he refused TO answer.
The decision is a great victory for
Mayor Orr's attorneys. who Will at once
institute proceedings 10 Gust Mr.. Faw-
cett- The papers citing him 10 show cause
why he should not De punished for con-
tempt in refusing 70 obey the courts or
der Will be served tomorrow. Within for
ty-eight hours. II Is believed Mayor Orr
Will be again installed, and with him an
efficient police and FIRE observation-disclosures
thing Tacoma has not had for long time.
AS the charter amendments and civll SER
vice were knocked out In the Mullen
Doherty cases. the appointees in the po-
lice and fire departments will have TO go,
and Assistant City Attorney kean viii DO
free from his present office TO pursue his
campaigning for superior Judge.
The Supreme Courts Decision.
Olympia. Oct. 2.--Ths supreme court to-
day denied the peremptory writ in the
case OF A. V. Fawcett. relator, VS.. the
superior court OF Pierce county. respond
ka ~ olf all - TsarS
April :. 1885, reiator and Onward S Orr
were candidates for mayor. After a cam
vass OF the returns the council declared
Fawcett elected. After he had taken pos
session OF his office Mr.. Orr filed info--
nation in the nature OF quo warranto
proceedings 10 test his title 10 the Office.
on the trial OF the issue Il was decided
that Orr was entitled 70 the once and
judgment was SO entered. Fawcett gave
notice OF appeal and asked the court to
fix the amount OF bond 10 stay the pro-
ceedInEs on judgment. This the fudge did.
but distinctly ruled that he would not
determine the efYec; OF such bond and
would not make any ruling az to the status
OF the parties in case TIRE bond was given.
Fawcstt fed his bond. and Orr sithse-
quently demanded possession OF the Of
flee. which was refused. and Faweett. who
remained la possession, was ordered 10
show cause why he should no. be pun
ishet FOR contempt. Thereupon Tawoett
saoured from the supreme court an alter
native writ OF prohibition directed 10 Su-
perior Judge PTitcha-d, commanding him
TO show cause why he sAouId not be re-
strained from further proceeding TO pun
ish Fawcest for contempt
The position Il the Telator was that the
bond which was 'nled In The quo warran:o
proceedings not only stayed proceedings,
bat suspended the judgment OF custer.
The respondent contended that thu bond
10 stay proceedings iid no: stay the ;ndg-
ment rendered In the quo warranto PRO-
ceedings 70 determine the title % public
onice
In the course OF somewhat; lengthy
opinion the court says Judgment il in
favor or the reiator. Proceedings by In
formation TO try title 10 public office Is
from its very nature ssIf-executing by
its OWE force and without the aid Of fur.
Their action by court. Il ccomplisheS the
object sought TO he attained. so far then
"a such Judgment is concerned, there il
nothing upon which stay OF bond can
operate. except an execution for costs
whore, as IN this cage. costs are rewarded
10 the relator. As soon rs judgment was
rendered In favor OF Orr, be became, The
mayor Of Tacoma. and was entitled hw
virtue OF section as OK the code OF pvo.
cedure ~ proceed TO exercise the duties
Of the offlcs unless the Judgment wss ab-
z0t%tTiF S4AAf-F2 ~ U4NS a stay BOND,
ard We are clearly az the opinion tnat ID
was not. The result Of permitting such
Judgment 10 be suspended by an APPEAL
and stay bond. In many instances In ef-
feet destroys the REALTORS remedy. II
such result Was contempt II
would have required the Sing cf
a bond by the appellant providing for
paymen; 20 tEs respondent % all damages
sustained by reason ~ his being deprived,
- Office during the appeal. rs ia the ease
O. one kepG cut o. possession Of property.
IN conrlusion tne report says. IL the
ralator herein shouia he found guilty =
contempt IN IAN app@al and have tbs
proceedings reviewed ~ tals court upon
appeal