The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-30
n WILL NOT NEED THEM
|rrns NEED not PrRCHAsE
STAMPS, AFTER ALL.
.a.e Attorneys once Rem
-, Opinion. Holding That the
war Revenue Law Has No
A,,sscssion {" Court faper1'

savers OF Seattle nesd not lay In
a revenue stamps after az The
- as IMPOSED upon various docu-
A. he pew var revenue iaw prsc-
IA % Application 70 their court
-, and. even Il It bad 1t would De
s'.-.as.tssuiionai as imposing tax
u,:xatson In state courts This Is
....nos az . carefully prepared op!n-
$3.50 Caunty Clerk Holloway yester-
,x prosecx.!ng Attorney McElroy.
raj. "a gsod news for the lawyers. for
80. . large saving % money 70 then
- ,se,r clients. Almost the eutare
q, hs,s.nsss Of King county is done In
q. .,.e,iof a3art. There the opinion u
=. sreseeu,lGg attorney VIII be followed
= ,ss Hated States court Clerk H9ps IS
- follow the ruling OF The treasury de
ss-,uneat announced by District Attorney
- yh.ea on almost every point Is in
s,.rt conflict with The prosecuting attor-
MS o9iEi1i'.
..,.set,,.., attorneys decision. which was
,.spared By Deputy Walter s. Fulton.
a{z4lg.e b. FfDtsJ&dss lsSs4-s t|SAlf
rsFk tfty-fBsar ST. / am IN receipt or
ar communication Of Ehi5 date. H. Eaich
ar asked for an opinion on several ques-
essz involving a construction Of tse see.
ras OF the recent war revenue law which
rss.dex. IL substance. tiistl cefEincaffs OF
~ description required by law. not otber-
~ specified In this act shall require a
gzas documentary stamp
First ! am asked What hiings should
ass stamps attached. In answer TO this
egstdn ! have ~ advise you that papers
II such complaint, answer. fspt*
"a the like, do rot f.ausfe 20 be stamped.
Al nur think that Ihe ro1arys Jgrat At
hehed 20 such papers IL a certificate With
! tbs meaning Of the act. Further. even
sssggh such Jurat should be hcd as a
esaseaSe. ihe revenue law. Ia so far ~ II
fssss,es court fiangs 10 De STAMPED. 10 my
ssars0n Is unconstitutional. as u Houid. IN
eesc;. be imposing tax or dQf" upon
sgls 10 courts OF the states
This precise question MSS involved IN
ee case II Fifield -. Close, Is Mich Jo',
10 court through Judge Campbell say
* There ia but one question n this
ssss and that Is. whether the stamp lax
~ legal process tn state courts rs valid
Pc paser OF congress 30 impose sueh a
esaTge a. condition nEpon litigation. IS
kaisd BY the Plaintiff IN error as incon-
sgent wiin the con;roi which the con-
est1,on % the United States guAFante g
& state authorities over ali NGgh InattaEs
d
baI regulation.
.rf congress has the right 10 impose
NJ OF duty upon suits In courts - the
GaNs d foli9wa s;ssff Inevitable conclusion
-, such restrictions may 'a laid upon
mssf proceedings az 10 faii an end II the
garr action " those courts and. for all
enc1sl purposes 10 pgOdur" the sam
ss1lts as II they were abolished. Ard
o. questions We are called upon 10 de'.de
b ,karefore whether congress has power
i . Ssf n Hss -a.. rf4.
"a pewar q the states. Presented Ia
III form tto inquiry involves little short
alsprdlty. II Is one OF the cardinal
psip'es OK political science thai 80 gov
! ssHeRt car exist without JUDICIAL sys-
" 4 stale without courts ga enforce
laws is an impossibntN. and IL
Mess can destroy or control he 'siase
BAR IL can utterly abr0eate the stale
We stamp could not lawfully lac re-
~ and the decision ~ the curt he
/ M%missigg the case and aunuliiuE the
Qeent Tor want Of Z was erroneous.
&c above decision Was co1tnrred IN
fehrlsttincy and Cooley, Judges. two
rae ablest }urista 81 their dag
hTen ~. PAU - Ind. s7t Jones -.
| lsqs - Wisconsin 3t9
7 am next asked neither stamp
feald he attached "a ceTtifiC rites of Is cry
aase issued from your office IN dEsN TT
have to advise yen that IN nv opinion
i esrtliieates issued by your office 81 a
sasa;a nature. that = Ia say, those IN
ysted 81 subStrVe private purposes or
els should he stamped. II iha ceT;if~
1's issued IS ia the discharge of an Of
stai function necessary iu aDefagtnE the
rterai machinery of the state of county.
y stamp s. required
= am asked whether a stamp should he
rssched "a Instruments issued foy me
sggaiy such certificates are rot required
. - stamued as they are issued - the
AsshsrFs of ara official function necessary
sperat.ng lae general machinery Of the
seEaiy.
In conclusion. vou ask whether the
segaiy ar the party desiring the certificate
t1e1ld pay far the Same In my opinion.
~ par;y desiring tie certificate. If Il -
y sGcb natUr" a~ - require "A StanlA
wgsl pay ior size same. IS thr act IL not
Blended - nor in my opinion. cougd y
seasliu'.ors' impose upon tire csunty.
q arm - the sH'e this burden. Very re-
EAsttuliy. JAMES t. " f.f4ROY.
Prosecuting Attorney.
h : Waiter : Fulton Deputy Prose-
sstiEs AttarneN