The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-24

Special Dispatch to the Post-TnteIifgencer.
EVERETT, April z3.-In the case Of A.
u. Warner vs. r II. Brownell. brought 20
reseind the contract for building the new
court house. Judge Reed this morning
gave his decision overruling the demurrer
TO the complaint. The court says that
even though II be held that the statement
I'm the complaint that the So GO deposited
In the Everett National bank was the
fruit OF the sale of Everett city bonds.
that fact can be disregarded and the claim
advanced ia defendants afYidavits that Il
was a gift from the Everett Land COM
pany conditioned on the transfer OF the
county seat TO Everett be adopted: IN
either event IL i= unquestionahie that upon
such transfer the money became absolute
" the property of the county. subject only
to the condition that IL should be employed
solely in the erection of a court house and
Jail.
II is evident however. from the con-
tract which the county commissioners
signed with the Everett Land Company
and the Everett Terminal Company. that
they failed to appreciate the fact that
this so. GO was absolutely the property OF
the county. and that the Everett Land
Company had no voice whatever IN direct
ing its disposition further than TO see that
* was expended In the building of court
house and jail. and for no other purpose
Otherwise the commissioners surely would
not have turned over so large sum Of
money to three gentlemen as trustees TO
act In their room and stead in this matter
without requiring of them a bond in at
least the full amount so turned over TO
them for the faithful performance Of their
trust. In conclusion the court suggests
that II these gentlemen are now willing to
execute such bond this suit will be dis
missed.
e.
and the work on the new court house will
proceed in accordance with the contract.
Argument In the Duryee Case.
Argument was heard by Judge Reid yes
terday on the injunction sued out by
Schuyler Duryee against the county COM
missioners to restrain them from issuing
1890 bonds to fund the outstanding war
rants on the ground that the Indebtedness
exceeds the constitutional limit. Mr.
Moody, an attorney from Portland, Or
representing Morris e. Whitehead, who
have made proposition 10 take the fund
Ing bonds on plan similar to that made
by them with the city of Everett. argued
the case for the defendants. resting his
case chiefly on the recent decision of the
supreme court handed down on March r.
1897, in a case from Kittitas county in
which the court took substantially the po-
sition that In arriving at the constitu-
uonal Indebtedness there were certain in
voluntary debts which counties were COM
PEELED to assume by law, such as the
maintenance of courts the salaries of Of
ficers. etc, which should not be included
in the voluntary Indebtedness created by
counties. and which latter alone was to be
considered in arriving at the real indebt-
edness. Mr.. BrowneIi for the plaintiff
remarked that the decision OF the supreme
court had been flied since the case was
begun, but he argued that the complain
ant having alleged that the Indebtedness
exceeded the constitutional limit. the bur-
den of proof was on the other party to
show otherwise.
Appeal bond Filed.
Yesterday was the last day for filing the
papers for the appeal of the city marshal
contest between Frank Brewer and ~. j.
Chapman. Gen. Metcaife filed new bond
to carry the case TO the supreme court