The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-06

smith
A f2r-reaching opinion was handed down
hy Judge Jacobs in the Heaton case yes-
terday. iaasE19ch as IL virtually decides
that none If the irregularities connected
with the county road ard bridge faud caa
D. considered torgeFies In the eye OF the
law.
John r. Dofs. who prepared the brief
IN support of Heaton's demurrer. empfa-
SIZED this point very strongly. and Il will
b seen by referring to Judge Jacobs opln-
lon that the court fully sustains him
In view OF the bearing OF this decision on
the Levi sEnltb case. Smiths friends re-
gard the matter In the Hight OK Indirect.
bat decisive victory.
This h. by 30 means the last OF the
H@aton matter. Tho commissioners is
known 10 have IL ~ for some az the men
who have been particularly energetic in
his prosecution. aud who have 70 him At
least appeared to make IL a personal mat
ter. Bar there IS also good authority for
stating that the case against him having
broken down. he is going TO make xlgor-
o1s attack on the ground OF fs,.s impris-
oDment. and that the memory of his dark
hours In tie county jail. when sunshine"
friends turned their backs Oh him and his
wife ard children were in actual want.
light against his foes.
As soon IS the opinion or Judge Jacobs
Was handed down. Heason was Te-aTrest-
I'd; Dat he promptly furnished the re-
CURED bond. and Judge Jacobs after a
searching personal examination approved
the following sureties IN the sum of 81 2D1
COD. J. s. Crockett seeing that the bond
MAS executed in due form: William l..
Turner. Effie l.. Turner and Charles A
Peass
Forgery p, common law consisted Of
the false making o. alteration OF any
cirI unent. or instrument Ia writing with
the intent 10 defraud.
This plain and comprehensive defiai-
ton covered the whole ground, with the
exception Of the modern, s}lpTraslaesa pro-
hihitlon q false brands. marks. etc. Our
legislature 1i1 an attempt 70 simplify This
common Law definition have produced con-
Ii4s1du and uncertainty,
y have spent a good dead Of time IN ex-
animation OF The learned briefs IN read
sps cited authorities and in rejecting up
on me provisions Of our statutes upon the
subject Of forgery and have not succeed
ed IN reaching a conclusion entirely salts
factory 10 my own mind TO the proper
construction Of section e3. End Hliis Code
which emhe6iea the statutory law % this
state 'ipon the subject. Briefly lest me
call the attention of the attorneys herein
10 me provisions Of this section:
'First--it states the means by which a
forgery may be committed
'Second--lt enutnerates the Instruments
which arc the subjects OF forgery, to-wit:
any record deed. will. codici. bond
waiting obligatory. promsxsory note for
money on property, receipt for property.
power Of attorney, certificate OF justice II
the peace or other public officer: auditors
warrant treasury note. county order
here In my judgment there ought 10 he 4
colon or s~ifii-colct. but the punctuation
mark after the pnrase county order II
THAT ni comma. To supply the ellipSis. we
Shoiid read any person, etc. who shalt
forge an acceptance or Endorsement of
any bill Of exchange prom.ssury note
draft or order-here there ought 10 be In
my judgment, another colon or semi
colon.
ITO supply the ellipsls again. We should
read. any per.on, etc. who shall forge IN
tory. or promiSSory note for money or
property. or any Other instrument in writ
ing here again there ought 20 be a break
~ the sentence indicated by a longer
pause than that Of comma. II VIII be no
sicrd that after the words acceptance or
Endorsement. onig those instruments In
writing are mentioned. the property in
which pass by such acceptance or indorse-
ulrnt.
1T viii be further noticed that the in
sirnments in writing named after the word
assignment are those Instruments the
property in which pass BY assignment
In my view the phrase or any other
iusi ruueBt in writing following as II does
Immediately after assignment. = governed
and controlled by assignment a. It's more
immediate agsjeeedent just As the words
lIht follow Acceptance or Endorsement are
goNsrned by them. their nearest ana
controlling autoccicuis.
This 81 least Is the grammatical CON
str,etion q; this statute
Ia order 10 give force and effect 80 the
very plausible construction commended for
tv tina learned counsel for the state IL
would % necessary 10 iifi the expression
'or any other Instrument IN writing out
81 ITS present position In the statute and
insert IL after The expression county
order and before the words tur accept
ancc OF Endorsement II such We're its po-
satio1 ~ least one difficulty that confronjs
fF s-t..
h~ rein0N e~3. There would be- remaining one
other difficulty which must hc removed
before could adapt tho construction con-
ttasiei Tor hy learned counsel for the
state.
II VIII notice thls difficulty further on.
- IS almost needless fer mo 90 say that
II the expression tor other instrument IA
writing ~ dominated by she genus as
Sisn5nrnt. that this Information hsS no
NaAd basis on w hhch Z can he Sustained.
1fffah cahn0S ~ construction have
- long nern recognized hy the courts MS
Fundamental and hiusitng IN doubtful
cssz4s as1,i In fact iu ali e4u-ss al couSfrl.s--
force ana meaning OF the words asset nv
TIE legislature ara to BE- aSCerfained ~
thcm;
"E'lrSt-The 'ntsnt or the legislature
when aescrtala.a must prevail That l,-
t@nt IL supposed 20 he clearly expressed
l'N the Wor'is usesl. II Il is cloay then there
s. 20 roon Tor construction ara salts
t@f from; IN" reading az the statute. 80
faf = the facts NJ tabS ca-e are concern
in@r We n4'5sg resort 10 Tllfes ~ CorsJr{lt-
tsoB % ascertain. K possible that intent;
SesNftnd~1ne tftlc ~ etUs~iCFa g@neT1S ap~
1>iif~ wosre there has been an euuunera-
tiCE followed bv general wuri3
Third ~ 5,re she s.ulncra EEsftsex :, a,:et-
TIE Esnre - wfs5cH tnev Apply ana gem
CA Nvots follow such eHitfIay. "a ION
t1eTs sse3WE mo sgvNTts or individuals .,y,al.-
tct ia she enumeration. iu sicn 4 essa tfa
E@ne~8i words must nave thefr ordinary
ans psf11lsr meaning Sna effect
fourth The enumeration ~ wauersors
neF@r toeiu1e inferior perasns or things
ffr if1F0ed prosecuting attorney right
fHftF SAYS trat iD the application ~ tha
r>=s ~ cta@seu1 Eeuer3s there has terr a
snof deal 80 stupid laundering hv .,t3rse.
fe- instance, taxa fhe ease ststs@f t,s Asr
sutherland iu sis work oa statutory rs~-
stF}E'ttan- where the isuEuAEs was asx
Sow he3fcr- sEehr followed hv general
Morf~ 2C oteer cstfte' s;elev. tls.fr-
- that A4U S8s aot Included 3., si,s
genus ftitie stI-a = conclusion r3s,sx ...,t
CONNER ltsef very STRONGLY ro ,h. tr,se-
nteot of usn wttG any SsrSe NJ logic
TIE FreHu- .{eCl@}2o 0f ths stusef1e .,,,lIrf
81 :tt &lSta SIS o~r triv reeazstg,tar, ~
tAs RAJ" "f class}ea Esuevts. e8s IS carries
TN ~ ras