The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-08-12
viii Be Mcbride for Two Years
Longer.
THE ATTEMPT TO DUST M'BRlDE
Originated With the Railroad Oroan
After He Had Declared War on the
Merger-Succeeded to the Office by
the Death of Governor Foster.

olympia, August 1.-Ihe supreme
court has filed an opinion which has
been anxiously awaited by politicians
and lawyers of all parties in the state
for the past few weeks. 1t is as to
the permanent increase of the SUI
preme court and as to whether a va
cancy exists in the offices of COVER
nor and lieutenant governor
The main opinion is written by
Judge Mount and concurred in by
Justices Fullerton, Hadley, Dunbar
and White. These five judges hold
that there is no vacancy in the iudg-
ship Of the court, other than the one
created by the expiration of the term
of Judge Reavis. Judges Reavis and
Anders filed dissenting opinion and
hold that three additional judges
should be elected this fall
The Seattle Times first raised the
point that no officer in the state of
Washington appointed or succeeding
to his office through the death of an
other officer could continue in office
legally beyond the opportunity of the
people to fill that office Hon. John
e. Humphries of Seattle Immediately
took up the question whether Justices
White and Hadley, who had been
made special judges of the supreme
court until October 81, 1902, did not
really change the number of justices
from fiveto seven, and ignoring the
suggestion touching Governor Nc
brides term, proceeded to bring the
proper writ to place before the SUI
preme court itself.
Subsequently, attorneys in other
portions Of the state demanded that
the governors tenure of Office should
be determined, and so joined the two
cases together, and hence the SUI
preme court in handing down the de-
cision of one has covered the other
AS stated above, the supreme court
seems to be. divided on the question
OF the number of judges to constitute
theN full bench, and if White and Had
ley,' whose aterms will expire at the
end of October had refused to sit a
the hearing, the balance of the court
would have t'been equally divided and
no decision obtainedaaso. e3t-a3tHo9
Since, however. Justices White and
Hadley are of the adverse opinion to
the question involved, their judg-
ments in the case do not become col
ored by reason Of the fact that it is
their expiring terms which are in
volved in the issue-as selfish de-
cision would be in favor Of the propo-
sition. #Na
Thus by this decision are the hopes
of some of our great men destroyed.
as the court decides that the "only
vacancy to be filed at the coming
November election is that which will
be made vacant by the expiration of
the term of the chief justice.
Touching the question of Governor
McBride's term of office, the supreme
court seven judges sitting - arc
unanimously of the opinion that the
lieutenant governor of this state,
when succeeding to the office of gov
ernora holds through the term for
whichA the retiring governor was
elected, ,Aand this in spite of the fact
that there is to be. a general election
next November to. fill the. Offices of
one justice of the supreme court and
three congressman at large.
This decision of course, settles
both contentious touching these two
propositions, and, therefore, at the
general election but one justice of the
supreme court will be chosen, and
Governor Mcbride will continue in
office legally until January 1906
The decisions in both cases are
quite voluminous, but that relating
to the supreme court is much the
longer.