The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-14
Special Dispatch to the Poss-Intelligence1

Special Dispatch to the Post-Inteliigencer.
WHATCOM. June IA copy of the de-
cision of the supreme court in the What
com normal school case has been received
here One or two extracts from II viii be
OF considerable interest to the numerous
creditors Of the insolyeut contractor. some
OF whom will not get a cent upon Just
claims for labor and material, although
there Is SO s4s 81 available for the pay
ment Of claims against the contractor
amounting in the aggregate to N45os.sl.
The contractor gave orders upon the
trustees amounting 20 $i3 43s. s.. the first
order given being one for 500 as security
for an old promissory note having no con-
nectfon in any way with his contract for
the erection OF the normal school building.
Under the terms of the contract 20 per
cent. of each and every estimate was with
held until the final completion OF the con-
tract and the acceptance OF the building
by the trustees and IL was further stipu-
lated that before the making OF such final
payment THE contractor shall show TO the
satisfaction of the board Of trustees that
all just debts due all iaborers and me-
chanics and material men, and persons
who shall supply or shall have supplied
said contractor with goods or material OF
any kind upon said work or in connection
with the construction of said building have
been paid" Now comes the supreme court
and says that the trustees had no author
ity OF law for inserting such a stipulation
in the contract
After the usual recital OF the facts ad-
mitted to be involved the court SAYS:
1.-The orders for the issuance Of the war
rants: made by Davey in favor. Of the re-
spectlve claimants were fled with the
board OF trustees Of the Normal school.
and each order was an assignment pro
tanto OF the amount due Davey from the
81 ~sa I'D 1x~ - ~ IL
the construction OF the Normal School
building. and IL was the duty of the state
auditor 10 Issue warrants In favor of the
holders OF these orders when presented
Upon the completion Of the contract by
Davey and the acceptance OF the Normal
School building by the board of trustees
he was entitled 10 the sum then remaining
due him from the state, and II Is imma-
terial what he did with his money when IL
was paid to him. Having transferred his
erly due to them"
This means that the balance due upon
the contract. $ss54ss. must be paid out
upon the orders given by Davey, and in
the order In which they were filed with the
clerk Of the board no matter for what the
orders were given. With reference TO the
additional appropriation made by the last
legislature. 81 1s9. o5. "for the relief of w. B.
Davey and other creditors of the state nor
NAL school at New Whatcom," the court
says that Ii ''is something with which tho
plaintiffs are not concerned. They are
entitled to the issuance of warrants In their
favor and according to the dates of their
respective orders for the amounts due
them. II said amounts remain due TO Davey
and unpaid on the contract"
The opinion was written by Judge Rea-
Wis. the only Populist member OF the court,
and is concurred in by Judges Scott An
ders and Dunbar The most significant
feature OF the decision is the virtual dec
laration tibet the trustees, acting as agents
OF the state. had no authority TO protect
the citizens of the state, or others. who fur.
nished labor or material which entered in
10 the construction OF the building. against
the holders OF the orders given by the con-
tractor in favor of persons who had no
connection whatever with the work done
IN pursuance of the contract.