The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-03-19
Singular Defect in the Law Re-
latIng to Superior Courts.
LEGISLATURE FAILED TO ACT.
Fsesent JaAGes May Held Their Of
Aces for Another -Four Years
This Ii Because a senate bill
Tsfi~d 10 Pass IA the Last Hours
Of the s<x.ion-c1arss May Hold
That the Act Of 1906 VIII Operate.


II tAe Contention Of certain members
81 taa s&G legislature tnas the failure
Of the heSsse 70 pass senate bill IA. cur
ing detects IN the act relative 80 the
section 81 superior 5adges. IL founded
on law and Iogtc + Is altogether possible
Ahas no valid election for superior sucEsa =
can Be held IN 1860. Thss starting COLI
Nisicn OF asgasss has been discovered with
Ia fsss past few days by several nesEs7ers
Of ths judiciary committee Of the senate.
VINO learned hat Tic pli III question bad
been killed Fl the house on the last night
81 the session.
Eofse very intricate and important legal
questions are inyoisea IN the matter. TO
begfg with, the act OF fsaS. found on page
17s OF the session laws for that year, pro-
visses for Tire re3istrtosing os the state,
tflt deea not co.tain any provision for
TIE aiecslon of Judges after the election
OF isas- Nes. as far as has been aseer-
tsSned. Is there in any OF the statutes a
provision Ger the election at every gen.
efas election 81 the state OF superior
court magistrates The saIl known as
senate biz IL. is FIurnner. was designed
10 cure the ssstect IN tho rtaiate 81 1855,
and II Is held In some quarters that its
failure TO become a Iaw II liable 70 result
tn allowing tbs present fncurDcyi;s 10
hold an until their Successors are elected
EFsd qualified. or until the governor may
Appoint.
Senator Harold Preston, Of this county.
s7.Sscyt efaa THE defect in the act or 1896
during The discussion os the Plnmmer hill
IL tne senate judiciary committee. lie
Immediately drafted an amendment To the
kill. providing that ifs judges Of the sd-
esai state election. Yesterday Senator
Frank Baum. Of Okanogan county, met
Senator Preston. and tbs two began dis
cnsatrg tbs pistnsuer bill. Senator Baam
he
s.on gFussissg nof o. the Indefinite postpone
1ssc.l. &C The bill b. the house. and had cau-
stoned members against e.
Various views arc eHtcrf ained hy aftor-
E1T& Axd saesssbers az the legislature con-
ee.n,ng the right of Ing people 10 elect
rsrafi9r Judges at tho next election.
There - very good reason TO believe,
according 70 Senator Preston that the
courts wiH eastasn the contention that
fs1e infant Of the legislature Of iSa5 was
10 carry CIT the constitutional require
raetst that Judges of the superior court
shall held osfee for fofir WARS and shall
be elected AZ the general state election.
The People Can Eject.
II. have not set given the matter a very
careful or thorough consideration. eail
Senator Preston yesterday. but from
what examination Of the constitution and
tie statutes ! have been able to make ]
ara az the oplnian that lie people may
eiest judges OF the superior court Ak the
10 qualify and hnid office. TIE r0natttu-
fi1n. article ~, section !. provides.
There shalt he In each of THE organized
counties Of the ssata superior court,
Ter waien 81 least ane a'fslge shall be elect
20 BY fiae uoalsaHd electors OF the county
nj The general Stats election Further
Gf0rE this section provides that the sta
rsrfor 1rgtgss eleefsl ug4sier this cotfgtitti-
tier shah hold their Offices for the period
Of f5sse years. kIld uattl their SUCCESSORS
ere erected AMI qualified. aiid thereafter
the Term nf the Office aI al superior
Judges IN tiziN state shall ba four Years
ftsa.s the xasoas Monday in January u4x,
sacoseessag their election ard maf1 their
paiec.essofw IRE elected and qualified
Nov. II Is true that IN the agt Of 1895.
IN which the state wa4 fesliatrieted into
superior court sise.fiess ~ provision WAS
made. for TIRE election ~ Judges after the
general election III 1895 Al the same
tiTae, Il appears ~ fna that fhe epns;.tu
B0nai provision fFst cited that the fudoa~
shafs no elected hy the qualified electors
at tsa general state election IL self
oSeeistorya Taking this constitutional
TsovsssaT. together With the legislation on
The sHthjset. aud the clesF .nfent IF the
legislature IF 1885, 10 provide fer tho cleo
than ~ iEdreN according re- the new dis
tsSetss not fer one term ALONE bnt restt-
larry AZ fan general state elections and
Il afsssars 20 ms thai the law viii sis-
tain fase position that tho judges may be
eiactea ~ 100 n'ntai T93is believe
Is tho way IN which the courts would con-
s''rsse constitution allowed King couYstv
nsse yusfxes II cannot he we'll urged thar
the state ssssfsFld fan hack upon the CON
etitassoA IN this regard for tide reason
thaf kss4E county rahnot DO with one
Judge Iiaas te ny rrasess orinlen en- this
question. astslnsg.h 4 have rot examined
VERY dsnpiy INFO tha matter mar looked all
any authorities besylug upon sf''
tau the tao~eracr Apppiats
Mr. rr~9tou's viow az the matter Is
OF st4 80, f,s.
tnesi igtu the Gss4Stson. Nevertheless. &c
goes wiasfssit saying that the Judges now
sn office VIII not object iE they arc. bv
aIy emission - taa legislature allowed
20 hold On fer auetaer fuur years, and
Is Is ef5aseslsfr Da&ssaie tsyss snfle Of tas y,
t&k'1% sise Tsnw feat tktss tfsWss = Ftastf
to thelT osffsss isesasfleg a legislative e..
Hetnscnf. rsli reFsssa ta deliver 70 their
nrecasss9ss @aa s.. sfeeses ln 1910. THIS
Of cetEsse. sfesEld hrisg TIE matter imia ms.