The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-25
Fusionists Find Flaw in Election
Of Superior Judges.
MERELY ,oLs SPECULATION.
Law IL defective. but Vet Fatally 20
-Ss osesssss ~ - validity Of the
Choice Of DsyA ,. TaIinaa asa
w. \. BELL " the voters 81 the
ossnty-A wen-knswn Seattle
Lawyers opfsssn In the Matter.

In An attempt 20 diacredit the election
I, OF a iesst two Of the Republican superior
Judges e1bct OF King county. the evening
ergsn Of the fusionists last night re-
warped an old story regarding an al
I, legged defect in the Law relating 70 the
election Of euch Judges. a long article
n pr1nted. contairing many coniectures,
statements Of what might be possible
under certain circumstances, and assert
Sns IN the end that there r. a cloud on
the title Of Boyd ,. Taiman ard W r.
: EEL 70 the offces TO which they have
eesn elevated Finally. u IL stated that
the remedy Hes with the legislature. and
that . special election Of two judges
should be held. on the theory that Ar
thur r. Grimm. having received the iarg-
cot majority Of the three Republican can
didates, Il alone entitled 70 take his seat
under tbs constitution.
The Post Inteiiisencer shortly after the
adjouynment Of tho legislature Of fess
pointed out the fact that IN the hurry
Of TIM closing hours Of the session an i'm
por1ant bill had failed 10 pass. which
had been designed 10 settle for all time
any question that might be raised as 10
the right Of the people TO eject three
Judges IN King county At the general
election n 1900
II Il the eptnisn Of practically all good
lawyers ~ the city. Including Harold
Preston. nov member of the state SEN
ate. that the election OF Mr. Grimm.
Mr.. Bell and Mr.. Teiiman was entirely
legal. and that there is no question as
70 their right - assume the judicial pow
ers with which the voters clothed them
Moreover. II 10 the general belief among
attorneys Of all political parties in the
county that no question will be raised
~ to the night Of the thrse judges-elect
10 III. ana that no attempt should or win
bs made 10 prevent them from taking
once next January.
NpeesNe Prsvisisa fer 1854.
The situation il thus: The act OF isss.
relatins 10 the election Of superior court
Judges page lie. ression laws OF 1881.
and for the election Of superior judges
at tina regular election Of November. 1856.
II does not however contain words In
dicating that after tho election OF 1873
the Judges shah continue TO be elected
~ undsr the Reinstatement Of 1864. In
b~arins on this particular phase Of the
Ia ISIS Senator piummer OF Spokane.
introduced bill designed TO give Spo-
Kane county an additional Judge. In
dtseusssna the measure the senate com
mittee on Judiciary discovered that the
law Of 1885 specifically provided for the
state Il now districted Senator PreS-
ton. who made the discovery. secured the
sdopticn of IN amendment providing for
the election Vt judges In igee and there
after. etc. Until the iaw should be- again
amended.
defeated ~ the last moment. no ttnr
having been provided for Its considsra-
sion. No enc thought much Of the mat
ter. and. ~ stated. prominent lawyers
believe now that the talk relative 10 the
lack Of qualification of any of the King
county tudses-sieet Il incouseauentisl.
That u was CLEARLY the intent Of the
Legislature " isas 70 provide for she cleo
lion 81 Judges under the redissricting ut
the ct~esian u isss and thereafter r. not
disputed BY anyone II IL the belief
OF abse lawyers that should the matter
be tested Al law the supreme court wti
take this view Of n Moreover. the csii
for the general election Of 1900 provided
fer the election of superior court judges
Nominations wey. made hy both parties
and tho people voted on all the candi-
dates believing that three were 90 be
elected ss before,
Senator Prestou's Orsnton.
nssrusxtnx the question III the time n
was nsst raised IN March, isae Senator
freston said IN IN Interview IN tac Post
inteiiigenrers
"A am q the erinlen that the people may
elect judEcs ~ tho superior court at the
eieetiQn " 40. and that they ~,ii he sblr
20 aaAiiyy ard hold srnee. fhs eenssitu-
sson, article w. section 8 provides There
shAil be N each ~ tho organised counties
% the state a superior court. FOR shiyh
~ l~Ast one indxe shsll be sieetsd BY the
0ualtaed .l.eters q N. equally al the
tnls secsion provides that ina superior
.AAh helx their essee. Tor ,as period u
srs .,ss,ss ana sasiissa' saa .s.issss.r
judges - ,sis STATE .a.il - four ssss.
sasesesisns her sls'sies. sua an,n ,s. her
esssaexsers are elected ana guannea
Nov !, I. tsva ths, Ia shs act 81 isas.
$500 ~s,s sn. s ,. -ss Fsdls,.'e.sa into
made for tho eisetNn ef mIges after the
general slecsien a isss Al fhs sane time
s.s ssssss, a. g s.s M. ,ss s .
Ne si~esea BY the aashHed sirrsaf. ii IL.
seasfsi state eisciien' j. ssls.eseen,ary
rhe tsse~s IL Ct~sr.
'-raklas this eenstiyultonai prssistsr.
.esstnet ~ith TIE iesissatsa On shs sas.
Vet and the clear intent " ITO tsxfaia.
tyre ~ is>e 50 resstte ssf tbs eseetien q
isdses AscefsinF 20 ths isse dtttFivss not
~ ere term alsns ass regularly a. the
me shat The las eiIl suks&la tAs pa.astes.
thss The t9ssss NAY Ia egsrgea In t&s
- WsA rats J hslteet, 10 she saJ n
~nish ths sswrts ~'aslt ~aastfue tAe ma.
ter
IRE constellation Allowed kimr csanfx
sne nsfss saHnss - ssp urged ina,
fte ssatr shetta fsN Saek as,ap fhs sSn'
stftAftea ~ t&fs foasre fos the Faasas
thst hink eNaass cAHn8s a. elth ans
iuaas
" i eantenae8 ~ iawNsrs az sosh ps.
nssrnt PARTIES fhst Is reduce Ntnx rsssn.
~ s. se~ fsAss IN tNs present csnsess- a'
tNetsttsn % fas raientss sauia - ID
wefk q ers&s tafafy ard hAssishiE 80 mi,
x.nts n The csartA ana tas peayia seaef.
Aifs II "a as tastss~ss ss@s thets wsit y,
airy sstsrspt ~ stle aina
<Fith%f Nj hSn naF Nc Tans.r
~eNia 4tsr,4ks sHe matter fcr reAfls.
tssA last nsht EAe, have ~ saaes =,
81 fns ,1ssitts ~ shelf sssett2a
NfSs to-day at ths RslAtss- g3rama
TprkE RINGS ~evemAsfs efsfhssan.
W "a ftoss. sswslrf AZ srcsnA sssnas
wtNEs sss rAaaksxsvsns i.eslasau's .,
ats a44