Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-05-12
STATE CAPITAL NEWS.

olympia, May THE supreme court
mas handed down opinions in the follow.
ing cases: '"
Clty OF Port Townsend, appellant, yer.
sus Oharles Elsenbeis and Kate Eisen-
oels' respondents. Judgment of the trial
court reversed and the cause remanded
WIN directions to override the demurrer
10 the complaint. This was an action
brought by the city of Port Townsend 70
loreclose statutory liens on certain de-.
scrlbed real estate OF the defendants for
taxes TOR the years 1891, 1892, 1893. 1894
levied by the city, and which had never
oeen paid. The principal question was
whether any provision of the general
statute OF limitations was applicable tn
the case at bar. The court held that the
law provides that city may foreclose its
lien Tor taxes for previous years bv an
actlon In court and the term "previous
years does not refer to auv specified pc.
ROD. The court has held in the past that
taxes are assets which may be taken into
account in determining the Indebtedness
OF public corporations as limited by the
constitution. An action to recover tax
ls an action to enforcc public right. The
statute OF limitations is inapplicable to
the case at bar. There is nothing in the
laws that citizen may be completely ex-
onerated from the payment Of his Just
proportion of the general taxes simply
by neglecting to pay them at the proper
time, or by reason OF the mere lapse of
time.
Olympia, May 9-The state board of
control yesterday morning announced
the appointment of DR.. w. H. Howells,
OF Spokane, as superintendent of the
Eastern Washington hospital for insane
at Medical lake. He succeeds DR.. j. D..
Mclean. DR.. Howels has been at the
hospital during the past two months in
the capacity Of assistant surgeon. DR..
Howells is an expert on insanity. He
has not been in the state of Washington
very long.
Olympia, May 10.-Puruant to re-
quest of Governor Mcbride for an advis.
DRY opinion as to his authority to APP
point a lieutenant governor, Attorney
General Stratton has handed down an
opinion of which the following is di-
gest:
"There is no provision of law for the
election OF governor to fill vacancy in
the office OF governor, so that the lieu
tenant governor continues to perform
the duties of governor for the unex PRED
term.
81 do not think there is any vacancy
in the office OF lieutenant governor, but
even If there were, upon the authority
of cases cited do not think it could be
filed by election. For it is more no.
ticeable because the constitution pro-
vides for the election of persons to fill
vacancies in the offices OF supreme and
superior court judges.
elf cases may arise in which lleuten-
tenant governor may be appointed, in
any event can he be appointed unless
there be vacancy? Without stating at
length the reason have arrived at these
conclusions:
81. That there is no vacancy in the
office OF lieutenant governor, and there
fore no such officer may be appointed.
"2. That in the cases where the
lieutenant governor performs the office
Of governor, the constitution provides
for the election by the senate of presi.
dent pro tenn, who performs the same
duties the lieutenant governor does
when presiding over that body; that the
constitution gives no expressed or inn
piled power to appoint lieutenant
governor in a case Of this kind, aud the
exercise of such power would interfere
with the expressed powers granted to
the senate.
Olympia, May 10.-C. F. O'Brien. dem
ocratic member of the legislature from
Pasco, rendered his resignation as leg.
islator yesterday. He says that his per-
sonal business affairs will prevent him
from giving attention to matters OF state.