Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1911-12-29
Listen Again.


under contract awarded to the Mills
Brothers. The performance OF the
contract was accepted by the City
Engineer, and the assessment was
confirmed by the City Council after
notice and hearing of protests; bonds
were thereafter issued against the
property in the Improvement dis
:rict that are now outstanding and
probably in the hands of purchasers,
who bought the same in the market.
The city having the power to make
the improvements and hearing and
disposing of objections and protests
before confirmation and levy of the
assessment, its proceedings con-
Guided the whole controversy; as far
as the property in the district and
the owners thereof were concerned,
unless the confirmation was attacked
directly by appeal to the Superior
Court of Thurston county, and re-
viewed in the Supreme Court, plovid-
ed any party or parties felt aggrieved
on account of the judgment given in
the Superior Court. No appeal hav-
ing been taken, the question arises
in the event of suits to collect the
bonds or stallments, what will be
the status Of the property and own
ers who may see fit to defend to
prevent q foreclosure OF the assess
ment. OF course. generally speak
ing, it is difficult to say just what a
court may do, but the STANDARD
ventures a prediction that it will be
decided all questions as to the valid
ity of the assessments. equities, al
legged Irregularities. Determinations,
change of grades and errors, were
made valid by the Councils confirma-
ton of the assessment. which can
not be reviewed or attacked collater-
ally in an action brought by bond
holder to enforce the assessment lien;
that about the only defense the prop
erty owner has is either to let the
lien-holder take the property. or pay
the assessment and interest. BY
needing this advice the owner may
save attorneys fees and costs. be-
sides much trouble and anxiety.
Doubtless some of the owners will
not be willing to act on our advice,
and litigate the matter, and in the
end find out where they are at, after
having disbursed their own good
money in q fruitless chase after
equity and justice. and then be told
they have slept on their rights.
These bonds are liable to become
the property of non-residents of the
State, who will sue in the United
States Court, which will hold that
the City Council had the power
to order the bonds to issue. there
fore the Court will not look behind the
returns and action OF the municipal.
ity. If the lawyer, whom the de-
linquent owner consults is capable
and honest, he will explain to hi.
client the true inwardness of the
situation. and advise against involv'
ing himself in expensive and fruit.
less litigation when the chances oil
success are 50 remote. Still there il
the client who may insist that his
lawyer shall 60 ahead in any event
and wage the contest. willing to pay
out his good money for the exper.
fence, and in the end will be com.
PEELED to admit we told you so. He
may have the satisfaction of cursine
the law. the courts and the lawyers
to which they are more or less &C
customed. and q little more abuse
out of their presence will do no harm
On the whole, it seems to be the
wisest course for the unfortunate
property owners to pocket their
troubles and save their money since
they have let the time pass by for
effectual contest.
Approaching now the affair of the
Swantown FIJI, q different state oil
facts presents itself for solution,
This fill was authorized to be made
by the Council, because its former
condition was unsanitary and that il
had become necessary to make the
fill for the promotion of the public
health. The STANDARD heretofore
observed in this locality was the ebi
and flow of the tide over the fats
twice in twenty-four hours, made the
condition sanitary and not other.
wise. In view of known facts the
mere statement Of this premise dem.
onstrates its verify, and therefore
would necessarily follow the conclu.
sion that the Council acted without
authority under the statute of 1905
in attempting to make the assess.
ment for any such purposes, that all
its proceedings in that behalf are
null and void, which defense may be
made by collateral attack whenever
actions shall be begun to enforce the
collection of the assessment. Since
some of the owners signed the petit
ton favoring the fill, the questio oil
liability may become somewhat be.
clouded on the ground of estoppel in
law as the owners invoked the juris-
diction OF the Council over the sub