The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-11

Tne case * john 2. Fay IS. g. IL
yesterday. IL which Fay = eEs4eavorssg 20
= rssnstated az y vsEs2& Ct the University
~ Uasnsngtan. c4ase up- Before Judge ia
.rox vesterc4ay afternoon &C the demurrer
- taa responder. - Eag'g complaint. The
.f.eraoan w2s taken Qp @ita the state
u.sn. Of ths ease from E.zsterGay'a stAEss-
sesat By Assistant Attorney General
vaaee ard Free Rice floweiI. and the ar
y-,msat az tie ssLatar - Regent JoAa 2.
gxy. TIE argument Will again Ds con-
,.anea al go rh1z morning and nzay ex-
tead into tomorrow
zasa Gov. J9hn 2. Rogers removed
Rrgenss Fay. Davis and Hayden OF Ocse-
her H. tss7. for cause. and without notice
q. charges pending, er a hearing. Regent
rsg AZ once announced that ae would ecu
;sss the governors action In the courts.
nsxeags Hayden ard Davis decided 20 wait
uat1l Fay's rights rad been decided ca be-
sare gasng into court On their ovz behalf.
Assorney Fay fn due time prepared 4
,eax,ay complain 20 which EasserL2ay aied
8 demurrer saort tine ago. and yester-
DR. tas Legal battle commenced.
assistant Attorney General Vance was
me first speaker for Easserday. and gave
four reasons way tnelr demurrer should be
sustained. The nrsE point taksn was that
II appeared Ia Fag's complaint that be
vas not appointed for a Regular term %
IL yearx. and that be Was subject 20 re-
mosal without notice and without hear
fnz The second point was. that according
% law Il bis appointment was 4 regular
sns. he vas not entitled u his seat until
the second Monday of March. lsss. In faa
fasrs place Fanes declared that ths re-
msval was made after due process or law.
Al the governor vas the determining and
angI Judge, which fact waived tie COM
ron law doctrine Of notice and hearing
TIE fourth point made was a startling
sEe. and was 10 the efTsct that even IL the
complaint presented a cause Of action. tsle
wrif issued by the court would be III
operative. az the governor. after ooeying
tie courts Interpretation OF the saw.
w1rld praceed 10 give tie complainant =
bearing and then remove him.
RsweII Supports Rogers.
Fred Rice Roweu then made short ar
Tumeni lie stated that Fay had heen ap-
pointed regent anaer the Law az ls5.
which stated that the regent should hold
esaes fsoza Tie second Moaday IA the
March following his appointment lie
aataa that H4y was appointed on AaEgh
y the shlrt! Monday IN the mnnth. and
tsas Tor that reason be was not entltsed
70 his seat until the second Monday IN
Marsh, isss In support OF the third polat
as, r. "a
gavsrngr had the removing power after De
was satisfied az to tha misconduct OF esle
oEseer. The only process necessary was
The allng Of his charges with tbs sacre-
tgy ef state At the time OF removal. The
capitol commissioner case OK McRaAvy IS.
Burke was cited In support af this arxif-
msnt. Attorney Vance viii present ft.---
fAer argument for tiie state today.
During he argument fer TIRE defense.
Attorney Fay. iutreucaesI behind hair
AGndred Law books, was taking notes. ~
soon As Attorney R3weII had completed
his argument tae e8-ee&ent began his aI-
dgsss. Ia opening Mr. Fay said.
I came here toaay expecting that the
siatH % Washington would present some
gaad Ssason Tor the action OF the governor
N arbitrarily removing nae from Office
without notice or hearing, and that they
Seala show seine good reason WY
mg complain was adjective. as The de-
nuFrer claims. The one great pat1t at IS
sas in tbs ease IA whether governor can
remove a state officer because OK some
WIN which b. may scfze upon. They
s'ias tae desperate straits - whish they
sFs driven when they make the point shat
Z cannot he discovered from tae com
naiat whether nv appointment wnS -
1Ii vacancy ~ f0r the futi term Of SIX
Ssaga. TIE complaint shows that 7 WIS
appasafed for Il psrfad of Ave Years. o
III fractional term caused by = va
eanry"
Ehe Governor Scored.
sffsrnsy Fay thea referred % what he
saaesAt vas the real po.nt at issue. tie
statement of ths counsel TOR the defense
nat tsog Rogers wouli remove aim n
spite q TIE evidences AFTER giving aim no
60 9fd aear'oe Il fhe cotlrs shoeI3 Aa}d
asssee add herring necessary.
an prepared &c eatfera taat the ~ov-
ssaas q shis ststa @cuff BE enasthbe ~
- si'a ~ outrageous ard UaiastIs be
ssasssfsre aae9 7 EakF tata ceust terH ttags
~aA1 ~ naE complaint 7 haVs alleged n
q evidence ~ crersi e tNs sovsns- ~
ssasa fse efd - removal eou}E ae b SEQ
a. khat - renewed ma Eraasttlens.v eas-
.-ass rstaaesi g 7bvy hts nausate. -
Ns'ase 3e3a}i So reo< sscr Frg~u fae
49, egef',t. Fr a.s e esaacls AZ ss-
- 49, renfessrE 80 ths aosag - sssra
sssA am nrru8 ~asa IN believe thac Ne utH
40 a. a5a ceuasel sag Pa wfl
sag s Fee ss,verncr ~ t-e ssat- wa
s9a'sass stc7 crsrse IA fais So ooass 20
AAa aeTf 1oe ~y tas tuainssersa ,3fes
Sea
laaa NJ Few 7aslnest tee Doctrine -