The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1909-08-19
Devine Case Before
Legislative Probers

Editor Tacoma Times:
Sir:-The article in your edi-|
ton of the 18th inst, entitled,
Aged couple elected from their
'squatter' home by N. P. company
Bowed with age and grief Cole
man Devine and his wife are now
homeless and almost penniless-
Their little home for twenty years
Is grabbed by railroad" was read
by me with considerable interest
for the reason that the Devine
case-N. P. Ry. VS.. Devine-is
one of the cases to which I have
called the attention of the legis-
lative investigation committee.
Your article does not overstate the
facts in this case. On the other
hand, however, your reporter was
evidently not posted on the case
of N. P. Ry. VS.. Devine, the suit
in which this aged couple was de-
frauded of their just rights. De-
vine never had a hearing in court
upon themerits of his case. The
facts in this case, briefly, were as
follows:
Neither Devine nor his wife can
read or write. On November 10,
1908, Mrs. Devine was served with
summons and complaint for her.
self and husband during Devine's
absence from the city. Devine
returned upon November 80, and
his wife gave him a copy of the
papers. A friend told him the
papers were notice from the
railway company to quit his prem
Uses. Thereupon Devine called
upon the N. P. attorneys regarding
the matter. Nothing was accom-
plished in this interview. Upon
December 4 the railway company
took a default judgment. De-
vine called upon the attorneys,
who afterward took up his case,
upon December Z, and they in
formed him of the real nature of
the legal papers. A motion was
Immediately interposed by De-
vines attorneys for an order set
ting aside the default Judgment
upon the statutory grounds that
the default had been occasioncd
through the Devines' surprise, in
advertence and excusable neglect.
This was the proper procedure,
and upon the showing made the
default should have been set aside
and a hearing on the merits
granted. I base this last asser-
ton upon the record of the case,
the authorities cited by Devine's
attorneys and the arguments con-
tanned in the briefs of counsel
filed in the case.
In order to arrive at an ad-
verse decision to the Devines our
supreme court we're obliged to-
mis-state the facts appearing of
record in the case and ignore the
law Notwithstanding former
rulings upon like questions pre-
viously made by. our same SUI
preme court.
To sum up the case: The De-
vines were literally defrauded of
their just rights by the plaintiff
railway company through the
agency of the supreme court.
Judge Morris wrote the opinion of
the court in this case, which was
in by Justices Rudkin.
Gose, Fullerton and Chadwick.
This case is fair sample of
about fifteen similarly decided
cases to which have referred the
committee now investi- |
eating the charges which I filed
in the legislature last June.
2 Is it any wonder that certain |
interests coerce the house of rep
into instructing its |
committee to conduct its investi-
cations behind closed doorsi Do
you suppose that the corrupt in
huences behind these mis-decided |
cases want their actions aired in
the limelight? Hereafter the |
general public will not be allowed
to pass upon these enormously de-
cided cases, nor draw ints own
Yet this is the personnel OF our
court our legislature
wants to perpetuate.
1t was for the reason that GER
lain interests have packed our SUI
preme court with such judges that
our last legislature took their
from the people and
placed It in the hands of political
which these interests
can easily control.
How long will our citizens toll
crate such a court?
The citizens of Tacoma who owe
their fortunes either directly or
indirectly to the N. p. Ry. should