The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1916-12-14
Clements, McNeill and Their Attorneys Claim
1t Was Necessary to Deceive Taxpayers
and Their Fellow Commissioner
NO ATTEMPT IS MADE TO DENY FRAME-Up
Judge Grady Takes Court House Bond
And Says He Will Decide 1t Without Taking County
Seat Fight Into Consideration

The question of whether the $685..
600 bond issue authorized December 4
by Commissioners ]. B. Clements and
Alex McNeill for the purpose OF
building court house in Prosser, is
to be delivered to Keller Brothers on
their bid of December 4, or whether
the two commissioners and other coun-
ty officials are to be permanently re-
strained is now in the hands of Judge
Grady, of North Yakima.
The case Of Fl. A. Bier, of this city,
VS.. the commissioners was heard by
Judge Grady in Prosser Wednesday
and Thursday of this week and at the
conclusion of the attorneys arguments
the court took the case under advise
ment, promising to render his decision
at the earliest possible date. He in
dicated that no decision might be ex-
pected for at least ten days as he al
lowed the plaintiff five days in which
to file brief and the defendants five
days in which to reply.
Every disputed point in the case
was stubbornly fought out by the op-
posing attorneys, with Moulton &
jeffrey, of this city, assisted by Judge
Mack F. Gose, Of Olympia, appearing
for the plaintiff and Judge w. w.
Zent, of Spokane, and E. A. Davis, of
Pasco, defending. From beginning. to
end of the hearing the court house
was filled with interested spectators.
The plaintiffs attorneys attacked
the bond issue on three grounds. They
alleged, first, that E. c. Houston,
commissioner-elect from the second
district, had qualified and that at the
time the bond issue was passed Alex
McNeill had no right to sit on the
board as a commissioner; secondly,
that the chain Of adjournments from
the reguar meeting in October to De-
cember 4, had been broken and that
the meeting in December, If meeting
at all, was a special meeting for
which notice had not been given;
thirdly that the chain Of circumstances
leading up to the December meeting,
the secrecy in which the bond deal had
been framed, the haste with which it
was passed and the rate Of interest at
which the bonds had been sold, were
such as to entitle the court to presume
that, if not actual, at least construc-
tive fraud existed.
The first two allegations involve
some fine points of law and both sides
quoted authorities to prove their posi-
tions. The defendants claimed Mr.
Houston was never legally qualified
for the reason that his bond had never
been fully approved by the county
clerk and further that even had the
bond been approved, Mr.. Mcneil
would have been qualified to act until
Houston actively assumed the duties
of his office. The plaintiffs attorneys
however, took the position, and quoted
authorities to prove it, that whenever
the parties with whom the commits
sioners were to deal had received no.
tice that Mr.. Houston had qualified
Mr.. McNeill's rights to act were an
nulled altho his successor had not
actively assumed the duties of his Of
flee. They claimed that at the open
ing of the meeting on December a
the county auditor notified the com
missioners, Geo. Keeler, of Keelel
Brothers, and others present that Mr.
Houston had qualified for the Office
and that Mr.. McNeill was no longer
commissioner.
In seeking to prove that the com
missioners were not legally in ses-
sion on December a, the plaintiffs at
torneys introduced as evidence the
minutes of the meetings since Octo-
ber. These showed that the commits
sioners adjourned Nov. II to meet
November 21 as a board of equaliza-
tion. This adjournment on November
II, the plaintiff contended, ended the
regular session which had been start
ed in October.
The defendants sought to combat