The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-28
Act Of 1890, Giving King County
Bench Of Three Is in Force.
ALL DOUBTS ARE DIspsLlED.
On Investigsfing the Law Attorney
Ciavence Preston Finds n statute
which Has Never Been Repealed
which AIfots 90 This cosnty
Three Jssges of the superior
Csurt--Controversy II Settled.

There IL no longer any doubt whatever
regarding the right Of W. X. Bell. Arthur
r. Urffnn and Boyd J. Tailman 60 take Of
nee a. Judges OF the superior court OF
King county next January. and to exer-
cfs. all the powers of the positions to
which they were elected by the voters
o. the county.
A. the close Of the last session OF the
legislature Il was discovered that the
failure OF bill regarding the election OF
superior court Judges might leave the law
with q defect which would prevent King
county from having more than one Judge.
Last Saturday a Seattle Newspaper de-
cIared In effect that but one Judge, namely
Mr.. Grffhn. would have a perfect title
70 HIS office. II now appears, however.
that By the terms OF the judicial act OF
fS9e the appoFtionment OF Judges made
~ that session OF the Legislature con-
tipues until u IL changed BY the law
making body.
The law " isso specifically declares that
there shall be three Judges in King coun-
~ ''urtf otherwise authorized by law"
The Wa,ute II found tn INNS code. vol
nrne !. section ISL. CHAPTER ? Clarence
Preston, the law partner OF Judge-elect
Bcii In looking M the law regarding the SUI
p<rior court Judges. nnds the statute re-
fefrrd ~ ana declares that tine matter
n absolutely settled and that there ix no
eround whatever for questioning the right
q the people 20 elect three judges Ss
heretofore
Other attorneys who have seen ths
section referred 20 and who have exam
fned II IN the IlRht ~ more recent Iegisia-
tton. afrrm that whatever question there
might have been regarding the legality Of
the election Of The three Judges has en-
TREY disaprrared In view Of the new
found statute
Following IL tho language OF the reetIon
~ Hfrn code referred 10:
SEC. fs7. There shalt ba IN each ~ ,he
srGHnixed counties ~ this state a superior
court. for which AZ least one Judge shall
q elected ny the qualified electors 81 the
yided that untll otherwise authorized hy
law, one Judge shall be elected for the
counties of 3pokanc and Stevens. and
ssa ' & sIsc,s ssu fal S e
county o. whitman. one Judge for the
counsiss Of Lincoln. Okanogsn, rlouxlss
s AZ Adamss one Judge tor the counties ~
MAiia WnIia and Franklin; one Judge far
thc counties % Columbia. CARRIED ana
As0tin, one Judge for the counties ~
s3nstns. Yakima and kiiekitat one Judge
Pacific. CowlItx and wahksskum. az.
{aavr Tor the counties N rhurstnn fshr
nn''~ Maaor snd lewis; three Judges for
~ s county 81 81 F,srss ,nrss Judges for
counties ~ Jefferson. Island Kit~an sa 'n
Juan and ciaffam and ana ,uJx. ", ~
sgun,'ss OF Whatcom. sksgit and ano~
Provided That this section .heu -
eonsftued a. Including tbs adassonai ~
p~r.or judkeA authorized ~ law. tasset
uuff9H tire present serslnn of the as.,s
ssFtIsture. providing for additional Judges
- ;hf sup~rior courts far the coun to- ~
nposane. Pierce ana King
Tho question ~ the right Of tina pre,,a
M~ct three Judges a. the Nsvnmher
observation-disclosures In March. iva ra,s
VAS s"on after the ciasa 81 the .o-s,a.'
q shs bixth legislature. bili had h,..,,,
nsfedieed ~ the senate giving spakans
- eaaHiorM Judge Tho srnatN iudi.
SfAry COMMITTEES discovered that The iast
eo' ~ TOO subject. namely thar az lsar
centNihea ne provisions for che eiectiAn
~ fnakrs sfsfr The regular eisetion Of lisa
~ smsndmeut was therefore attaes.ss !,
the senate bill witch waa ao.lv,n.t =,
sWnnedy tina apparent dafpee III the -.
~ shis bill failed 10 p@s.. Il w.s rrs,...,
xor time thai iher~ might IL aarn,. ,,ss.s.
tom ~ 20 the legality OF the .leetsa,, -
snres snasriaf court Judges In this count,
iHefe y now mo question aho.,s tha
Mausr II" ACTS relating 70 tho ele,s-
saen OF laaxvs passed &laea thn lao ~
~ cnmiaia no language repeating ths
law quoted. There Ia neither an a.
pressed nor an Implied repeai N.ither i.
.a"fn any LANGUAGE In th@ subsequent act.
smn"w VITA that employed In the All
Judges E NhFeo
~ therefore believed nv mas, -
ysfs that no attempt viii 81 mate !, ~.
ssat AM u tbs iudxes-eieet fr,u, tassr..
Nflire prSs January s"s