The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-05

deputy state dairy commissioner. The
letter was addressed to Mr.. Il A Nicely.
a pioneer farmer Of the White river val
ley, and r. as follows:
II have been Instructed by Commits
s'oner Mcdonald that you have been
amount Of the fine Is So. 20 be paid 10
me-"
NeeIys surprise may be easily mag
fined. He had not known that his cows
had been inspected: he had not been
given the slightest intimation that any
fault had been found among them; no
complaint had been made against him
IN any court OF Jurisdiction, so far as
he knew: no papers q any Kind had been
was informed that the state dairy COM
missioner, acting ~ complainant. arrest
ing officer. Judge. Jury and ievying offi,
him to pay a flne OF SIS and ordered his
deputy 70 collect the same.
Mr. Nicely understood the nature OF
Mcdonald. but did not at once refuse
% hand over the s75 demanded. Instead
he wrote 10 Deputy Mcintosh asking
little time and meanwhile looked up the
law on the question. which he found
contained the following provisions as TO
penalties and collections;
ANY person who shall violate any pro-
visions Of this law. or who shall obstruct
the dairy commissioner In the perform
ance OF his duties under this chapter by
refusing him entrance 20 any place as
enumerated In the preceding section, or
dairy products or limitations thereof. upon
demand and upon tender OF the value
thereof, shall be deemed guilty Of mis-.
demeanor and upon conviction thereof
fhai he punished by fne OF not less than
SIS nor more than 800. or by imprison-
fncnt for net less than one month nor
more than SIX msnths, or by both such
fine and imprisonment. Laws OF 1896;
rgge n. paragraph II. Bailinger's Code.
paragraph 1885,"
Further. as to the right Of Commits
jury. Mr. Nicely discovered.
Any superior court. municipal court or
Justice Of the peace In this state shall
Arising under this chapter" laws Of
section 1861
Thus fortified Mr.. Neely refused to
submit 70 Deputy Commissioner Mcrn-
tnsh's purposed exsortion. Strange TO say
TIE matter was not pressed. The COW.
alleged TO have been diseased. was never
made the subject OF criminal prosecution
and so far AZ the courts Of record show
she continues TO browse and violate the
law as much as she ever aid.
Al this time provision OF the state
dairy laws was In effect. which the milk
producers and vendors took 10 account
for much Of what they considered per
nfcious activity on the part Of Me-
Donald's deputies and spies. II was as
follows.
''one half OF all the fines collected un-
der the provisions OF this chapter shall
he paid 10 the person or persons furnish
,snrse,,..'sa " apon 90 cons"s.oh
,lop u nal,tn.ar.s roda ~s.,,s, ,srss
That this provision of the law was
abused TO the pecuniary advantage OF Nc
nonald's deputies. who at the same time
utrN WAGES 9, ~ gay from tne state
s,.is 'y LOT Inc peniormahce OF tne,r
uui,rs. pos,sNsiy proven ny the RECORDS
z wv supetior court q flerce COUNT.
w " ~ ~ rn"Nh Una, on NoVemner
~ WI, commissioner Mcdonald made
osth that Information leading to alleged
ccnvictlnns In certain eases was furnish
90 by Y. ~ Cnsseli. ono o. his dep,4es.
Upon this AFFIDAVIT Judge w. II. II. Kean
collected in those cases be paid TO cas-
nrls
The records ~ the superior court Of
Fierce county also give partial history
crooked work similar to that ATTEMPTED
on Mr. Nicely. OF Orillia was practlced
~ Mcdonald and his deputy casseli
Thc p,.r.. sa..., u.,a-u,
80
,,ss INV ,n'uuie ~ May l1ss Anton
,sa ttttt'na - 'ns urn q fortfnann q
s Ssasnh , 1",nas anu gpsra,lns the IMget
sennn DAIRY near Tacoma received a
.sst N"in Neniuhssioner Mcdonald ass
h ,h nish :. s"it ~ MSt,onalns ONCE on
snas,,D 'hs nhspr. OF which was MT
saw
we matter no attention at the time aud
. mohtn ia,er was met On the
sNNtt W thSoine w bepuy commits
sionsr asset and given another letter
.'fA WStfaha1u containing second re-
49, that ne GAIA az the commissioners
eMse
rai> time Mr. Portmann went 10 the
vilse. aesnmpanied by tassells. on ar
ItNlhs " the presence OF the commits
ftahef Mcdonald informed Portrrann that
nis fa,ik nod been tested and found be-
~, "" ssan'srl required BY law and
.,sa' Weei1 COST MN iast 70 10 have
hafhtauF Objected 20 the hiah-hande
ffeeerding, but Mcdonald showed him
the ease went into court II would
infNfr ne business and that In addition
~ hhN ~ would have 70 pay att0r-
hyN lo~a ana court costs, Thus held
Np ~ person, under threat ~ immediate
prosecution ana stven no opportunity 10
s:s s1 - 81 '' s \ 3 s.s 6: 4.