The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-27
GOES 10 THE FEDERAL COURT.
Defendants ira the Old 'MilliOn DOL
Inr ~uitv Win - Partial victory.

Special pispatch to the Post-Intelligencer.
TACOMA. Jan 26.--Judge Hanford, Of
the Federal court. today rendered de-
clsion in the case of the city of Tacoma
against c. y. Wright, the Tacoma Lagat
and Water Company and others. in favor
OF the defendants, which will now oerDit
tho suit 10 be tried ia the United States
circuit court The decision arises from the
motion OF defendants To transfer The case
from the superior court 10 the Federal
court because or alleged prejudice AMI
local Influence which would prevent the
petitioners receiving justice at the hands
of the superior court of any county IN
the state. The case IS one in equity 10 re-
cover on the Judgment rendered by a
Jury against defendants in the famous
million dollar suit Attorney Ben
Sheeks represents the complainaats and
Attorneys Charles +. Fogg. OF Tacoma.
and SIas W Petit, Of Philadelphia, act
for the defendants.
In his opinion Judge EIanford recites
that aitda*its have been presented in
support OF the petition to transfer. which
are furnished by reputable persons. and
such as the court has confidence in: that
ii is shown the amount In litigation is
so large, IN proportion TO the amount OF
annual taxes. that every taxpayer In the
city and county has direct pecuniary
interest in the suit, sufficient 70 create a
presumption of bias. Referring To the
motion Of plaintiff to remand tie case
to the superior court Judge Hanford says:
III it IS meant that the circuit court
must remand an equity case which has
been removed on account of prejudice. un
less IL is shown that ali the Judges in all
the superior courts of the state are so far
anected by prejudice as TO be incapable
OF rendering fair decision. the case would
necessarily have TO be remanded and
there would be few cases in which the
United States circuit cour; would feel war
ranted in making finding necessary 10
support its jurisdiction. But the statute
does not impose so heavy strain upon the
circuit court
After quoting the decision of Judge Taft.
In the case of the city Of Detroit against
the Detroit Railway Company. in support
of his view. Judge Hanford continues:
The evidence necessary 10 support the
Federal Jurisdiction does not have to prove
morally that the petitioner defendant can
not obtain justice in the state court, but
II IS only necessary TO present to the cir
cult court evidence suitable TO the case
and sufficient to prove legally that prejn-
dice and local influence does exist. which
VIII naturally operate 10 the disadvantage
OF the defendant IN the trial OF his case be-
fore the state tribunal"
In conclusion the court holds:
1T IS my opinion that the showing IN
favor OF the petitioners right to remove
the case into this court Is as strong and
satisfactory as. In the nature OF things,
such a showing can be made: and although
the evidence does not justify a finding
that the judges of the state court cannot
or VIII not treat the petitioner fairly and
render just decision. Notwithstanding
the prejudice shown 10 exist In the com
munity. stil / consider II IL the duty OF
this court TO grant the petition ard the
motion to remand 10 the superior court
VIII be- denied
The decision OF Judge Hanford in this
case Is conceded 10 be a partial victory for
c. b. Wright and his associates. 4 hot
fight was made against the petition to
transfer the case 10 the Federal court.
The hearing VIII probably be set for the
next term