The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-05-29

OF the best known lawyers Of Seattle. 10
presented question which will BE- called
to the attention Of Gov. Rogers and Assist
ant Attorney General Vance. II relates 70
the right Of the people Of Washington 20
elect superior court judges In November.
100.
week after the last session OF ahe leg
islatnre. the Post Inteiligencer published
the fact that an aitemp; made AZ Olympia
TO amend the statute providing for the
election OF superior judges had failed At the
last moment. owing 10 the crush In the nnal
days. The fault was found by the senate
Judiciary COMMITTEES, composed OF able law
yers. 20 lie Ia the statute Of iss6. which re-
districted the state. but which did no, pro-
vide for the election Of judges after the
general election OF 1896.
This oversight OF the legislature OF 1895
h. according 10 some OF the beat lawyers
OF the city, Of such nature as 10 vitality
threaten the legal credit Of the state judi.
c'ary- In other words, II il contended that
the people viii have to revert TO the cons,i-
tuition for authority for the lection OF
judges. This. II Is claimed. viii cos; the
state $4,000 per year. or several times more
than IL now costs, besides bringing into
question the validity OF the courts.
Two weii-known attorneys, one an ex-
Judge. after seeing the appended optnion.
stated IL az their belief that the only
remedy for the matter Hes In special SEES
sion Of the Legislature. II Is thought prob
able that the bench and bar Of the state
wise. viii ask the governor TO summon the
legislature In special session for the ex-
press purpose Of remsdying the matter.
Following Is the opinion:
Section OF article OF the Consti;u-
ton OF the State OF Washington. provides
that There shah be In each of the organ
lied counties Of this state a superior court
Tor which at least one judge shall be
elected by the qualified electors OF the
county At the general state election. Pro-
yided. that until otherwise directed by the
legislature one judge only shall DC elect
ed for the counties Of Spokane and Stew
ems. one Judge for the county OF Whitman
etc.
The legislature OF 1891 passed an act
providing for additional judges In the state
ana different grouping Of the counties for
repealed the act OF 1881 and provided that
in the general election to be held In 1886
there shall 10 elected In the county Of
Of Pierce. three superior judges etc The
supreme court OF this state In the case
OF state ex rel. Dustin vs.. Rusk. IS Wash.,
the act OF 1891. The act Of 1876 providing
for the election Of judges at the general
election OF 1895 is a temporary statute and
vii! not be IN operation at the next gen.
eral state election.
THE legislature in providing for the elec-
ton of state and county officers has al
ways been very careful To make such
statutes perpetual so-wft:
:. County commlssioners-There shall be
4 board Of county commissioners TO CON-
sist Of three qualified electors. to be elect
election Of 1859. and biennialiy thereafter
Section 80 volume l. Baliinger's Cods.
" County Aud!tors.--There shall be elect
ed at each general election In each coun-
ton 80 volume l. Bailinger's Code
County Treasurer-At the frst cleo
ton IN each county. and every two years
~ treasurer Section as. volume I Bal
linger's Code.
"County Assessor.--Ai the general cleo
sequent election, there shall be elected In
each county county assessor. Section
80; ID, $3.50
each biennial election In each county IN
this state a coroner. who shall hold his
office for two years Section 50. I'd.
n: election preasnct aa ia ss
state shall at the next biennial election and
hienniaiiy thereafter elect one or more jus
tees OF the peace as hereinafter provided
Article OF the constitution prov des that
members of the house OF representatives
shall be elected hiennially-
Of superior court Judges having expired. re-
course must be had 10 the constitution TO
ascertain what steps must be taken 20 sup
the next general election.
1T was undoubtedly the intention Of the
trainers Of the constitution that each coun-
~ In the state should At some time elect
Judge without being grouped with any
other county. This Ia evidenced by tha first
part Of section OF article I; That there
shall be In each OF the organized counties
of this state a superior court. for which at
least enc Judge shall be elected by the quail
sfied electors OF the county at the general
state election The state being In Its In
fancy and there being then. IS now. no ne
cesst;y for Judge for each county. the
provfso was added that until otherwise d.
rertee by the legislature judges saousd be
apportlonsd as set forth In the latter part
az section 3 The legislatures OF i>sg and
1851 having otherwise directed pursuant
To the provisions In the constitution. and
the legislature Of fsSN having repealed the
former acts ard passed a temporary stat
ute each county must al the rext election
eject enc Judge. which will make fourteen
additional Judges 10 what We now have.
King and Pierce counties instead Of being
prssitfes. over ey three judges each. viii
oriy eject enc judge IN each county. Che
halls ard Mason counties now grouped to-
g.sher and having one fudge, viii each
elect A Judge. The counties OF Clarke, Ska
mania cowtitx ard klsckitat. Tow grouped
together In ore district. viii each elect
,stxe and the same Is true ~ all .ae other
counties grouped together. This viii make
a.. Increase Of tss ne per anruns for Judges
saiarl.s or tissue Tor the term ot four
years. for which they are elected