The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-07-22
IMPORTANT DECISIONS
OF SUPREME COURT
Of the State Of Washington-No
State Law Covering putative
Paternity Cases.

olympia to a decision
handed down by the supreme court
here is no law in this state under
which a putative father can be COM
pelled to support an illegitimate child.
The case in which the decision is
rendered is from Skagit county. In
the superior court there Peter Tie
man was charged by John Jungquist
With being the father of an unborn
child, he was adjudged guilty of bas-
tardy and sentenced to pay month
" allowance over for the support of
the child.
He appealed the case and the judg-
ment against him is reversed on the
ground that the act of 1881, enacted
by the territorial legislature of Wash
| ington, is not and never was valid.
That provision relating to the punish
| ment of bastardy was enacted under
a general statute entitled, IAN act rel
alive to crimes and punishment and
proceedings in criminal cases." The
| court holds that courts uniformly
| have held that such a statute gives
rise to civil and not criminal liability,
and therefor the statute in question
could not lawfully be enacted as a
part of a general criminal act.
The statute cOntended that the
| Judgment against Tieman was not
void in that he could be held liable
/ for the support Of the child under
the common law obligation of father
to support his child. The court says,
however, that, lin the absence of a
statute there is no legal obligation on
~ of fath RI
port an illegitimate child.
Lincoln County Case Reversed.
| The court has reversed the case OF
the state against P. Durbin, appellant
who was convicted of assault and bat
terry in Lincoln county on the person
of Thomas Amery. The charge of as
sault and battery was first preferred
and afterwards dismissed, and then a
second charge Of attempt to commit
| the crime Of mayhem was brought
The court instructed the jury that it
could find the defendant guilty of the
crime of assault and battery if the
greater crime was not proven. This
was GCla and the appellant cOntended
that the dismissal Of the first charge
Of assault and battery constituted a
bar against the second. This contan-
ton is upheld and the defendant is or
dered discharged.
The Judgment in g Spokane case is
affirmed in the case OF Alfred John
son, appellant. against J. w Douglas
an action TO recover $500. The $500
was paid, the evidence showed, in Or
der TO avert a judgment in the courts
Of British Columbia for seduction
Johnson was accused Of seducine
Amanda Povelo, and while that case
was pending got her to go to Spokane
county and accept $500. The case
was afterwards dismissed and action
was brought b. Johnson TO recover
the money he paid over. The higher
court. in affirming the judgment
against recovery. says the object OF
the deposit was to defeat the regular
proceedings in a court of justice and
is contrary TO public policy, and con-
sequently the courts will not lend
their hand to enforce such contracts.
Modify the Judgment.
In the case Of the state against Nat;
Snyder. appellant. from Skagit cOun-
ty, defendant was convicted OF as
sault and battery and sentenced tC
two years in the penitentiary. The
| lower court is ordered to modify this
Judgment to that of simple assault.
In the case Of ROtnschild Brothers
a corporation, against Nicholas and
Lena Robson, respondents and appel
| iants, the judgment is modified. This
action was to remove q cloud, quiet
title and obtain possession Of real es-
tate in kittitas county. The case is
remanied with instructions to enter
judgment against respondents for
S1,011.65, with legal interest since
February IS, 1892, and ordering a
sale of the lands to satisfy the judg-
ment. In other respects the judg-
ment is affirmed.