The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-03-14
BYERS WOULD ca TO COURT.
POSSIBLE PRoLoxGATIoN OF ELEC-
TON CONTEST CASE.
Councilman Gill willing to Abide
by Decision of the City Fathers
Speculation as TO Whether the
Council Has Final Jurisdiction.

There Is a prospect that the contest case
OF Hiram c. Gill against Alpheus Byers
for g seat in the city council will be taken
10 the courts for Anal adjudication. ana
that the state supreme court VIII be call
Cd upon 20 pass upon 10 before II Is SET
tied. Byers announces that he viii hgnt
the contest until 1T takes fire." and that
in the event Of his losing before the coun-
ell he will go To the courts. GU, on the
contrary, Will abide by the decision OF the
council, so his attorney says
Tho impression seems to prevail to a
considerable extent that the council Is the
role Judge OF the election and qualihca-
tion 81 its own members. but the question
Is held 70 be still an open one, and viii
probably have 10 he settled by the su-
preme court In the Ballard election con-
test under somewhat similar circumstan-
cea the case was taken TO the courts on
a writ OF certiorari, and the supreme court
decided that a certioran was permissible
This liz taken 20 settle the question as TO
the councils being the court OF last re-
eor, In the pending contest case.
This charter says on election contests. in
article XVIII.
Section s. on the first Friday evening
after the election the city council shall
at o'clock p. m, meet and proceed 70
canvass the results OF such election. and
shall thereupon declare the result and
WuHt ItfhDttN tlfgttI ana III case nl u
tie vote for any officer. shall decide by lot
which person having the highest and equal
number OF votes shall be elected to such
Office. A statement OF such canvass shall
be made out and signed by the chairman
OF the councip and flied with the city clerk
who, within three days thereafter. shall
make out ana cause TO be delivered To each
person elected certificate OF election.
Sec .. A certificate OF election shall be
pfima face evidence Of the facts therein
stated, hut the city council shall decide
all questions as 10 the qualifications and
e{ection OF its own members. and In ali
eases OF contested election for any office,
the contest shall be decided by the city
council according as nearly as may be-
70 the laws 81 the state regulating pro-
ceedines In cases Of contested elections for
county Offices"
I Contested cases for county Offices are
! tried befo<e Judge OF the superior court,
and may ne taken up on appeal to the SUI
prcme court.
further power OF the council Ia that
u shall have authority 70 expel :
any member by the Affirmative vote OF not
less than two-thirds % It's members lar
ficlc W. section 2. Of the charter. and II
must re-cleci one or the Same political
faith az tho expelled member
In tho course Of procedure the GIL -nyers
case win prohah bly, be referred by the coun-
VI =" cufnHittce 10 investigate and con-
duct, such line Of inquiry az II may deem
wise this committee then to report back
TO the main body Its findings and eonclu-
eions. which in turn win hold the final
hearing ana render its dacision Then the
defeated candidate might possibly go 20
the courts under certiorsri
Byers win take his seat In Gilfs marc
~ the meeting OF reorganization. next
Monday evening. and. will continue 10
hold u unless he should be unseated by
the council. In which event ne would re-
ure, pending a final settlement by the
courts. " the courts should decide that
ne u entitled TO his seat he win be en-
Titled 10 his salary of s75 a month for the
whole period.
byers has retained Attorneys q. A. c.
Rochester and l.. C. Gilman Go represent
him In the matter His brother, OVID nv
ers, viii also he of counsel The latter
sail Yesterday there we're three different
ways - taking the case into the COURTS
by prohibition. quo warranto or certiorart
land that they would aght Il to the last
ditch before they would give IN
John r. Iiupphrics attorney for ON In
the ease, says the council apparently has
exclusive jurisdiction over the case hut
THAT IN the absence OF Rc,ion 10 the con-
rhry, " II sim an open question whether
snrh ces" could be taken into the courts
Ihs h%hard case was not parallel with
thls' ne said This = a city of the nrst
sass ana under tho charter the council
mas exclusive Jurisdiction For our mart
we shan abide by IN. decision 10, tha c',rr
eli; hut 1, We should win aad the a,her.
apply for writ Of certiarart this nhass
would @f course. be argued before the
court" -"