The Kennewick courier-reporter. [volume], January 04, 1917, Image 1

About The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938

Image provided by: Washington State Library; Olympia, WA

                
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VOL. [II
GRADY UPHOLDS
CLEMENTS’ AND
M’NEILL’S ACTS
North Yakima Judge Says Bond
ing-Jransactions were Legal
and Binding
ORDERS THE CASE DISMISSED
While Secretive Acts Are Not to be
Commended the Court Cannot
’b Interfere
In a decision rendered last Friday,
Judge Thos. E. Grady, of North Yaki- {
ma, sustained the action of Commis-;
sioners Clements and McNeill in au-1
thorizing a. bond issue of $125,000 for
the purpose of building a court house
and selling the bonds to Keeler Bros.,
and ordered the case of H. A. Bier vs.
Clements et a 1 dismissed.
In passing on the three points in
question the court held that A. G. Mc-
Neill on December 4 was 'a de facto
commissioner, that the board was in
regular session and that while the se
cretive acts of the two commissioners
were not to be commended they were
acting within the legal rights and con
sequently the court was powerless to
interfere. ,
The decision does not establish
whether or not Commissioner-elect
E. C. Houston really qualified and was
a de jure ofiicer on December 4. On
this point the court says: “It is not
necessary for the court to decide
whether the signing of the bond by
another surety without the knowledge
or consent of the principal or the other
sureties would invalidate the bond,
because the view I take of the situa
tion is that even conceding that Hous
ton had his certificate of election is
sued to him and had properly taken
his oath of office and filed a good and {
sufiicient bond which was approved by
theclerk, McNeil] was at the time of
the passage of the resolution a de fac
to county commissioner.”
In answering the claims of the
plaintiff that a de facto officer’s title
to office ceases when objections to his
holding office are made and thiggjt”;
whdm he deals are advisedthat 2i suc
cessor has qualified, the court says:
“It is my opinion that such objection
cannot be made by a citizen acting in
his own behalf, but must come from
the prosecuting attorney acting in be
half of the public, or the officer elect
ed, in on appropriate proceeding to
gain possession of the office; nor do I
think the purchasers of the bonds
were any less protected by reason of
their representative being present and
knowing of the objection made by the
plaintiff.”
.s On the question of whether or not
the board was legally in session Judge
Grady says: “Considering the uncer
tain testimony of Mr. Syfford with
reference to the adjournments, and
coupled with the rather perfunctory
way in which the minutes were kept,
the testimony of the members of the
board who testified with reference to
adjournments and the probabilities, I
think the evidence preponderates in
establishing that the board of county
commissioners when it adjourned on
November 11, adjourned to meet again
on November 21, and this being the
case, it must follow that the meeting
’ December 4 was a legal and a
gularly adjourned meeting.”
0n the third question, that of good ‘
'th of the commissioners, the court‘
_ncludes by saying: “In reviewingl
e acts of the board of county com
mi sioners the court must consider
th its members are chosen by the
ile as their business agents in the
(Elna: of the affairs of the county
a the statutes have invested them
._ broad powers which carry with
th a wide latitude in matters of dis
cre 'on and when lawfully exercised
the courts are powerless to interfere.
e law is that the commissioners
n' issue and sell bonds to anyone
hom they see fit at any price not ex
c ding 7 per cent par, but in so doing
th must exercise good faith and on
h est judgment. Their discretion in
r rd to the amount for which they
1 bonds within such limitation can
n tbe interfered with on the showing
. at they might have secured a bet
t r price had they hade a greater ef
_ art to do so. It is only when there
;' 1 such gross disparity between what
they have contracted to sell the bonds i
for and what they might have gotten
for them from some other purchaserl
that the court can say as a matter of '
law they acted in bad faith or failed
(to exercise their discretion and hon
est judgment. Tested by these rules
it will be seen that the board of county
commissioners acted within their stat
utory rights in the issue of bonds and
the acceptance 'of the bid of the suc
cessful bidder, and altho the acts of
Commissioners Clements and- McNeill
prior to the introduction and passage
of the resolution on December 4 were
secretive as regards Commissioner
Bash and not such as are to be com
mended, yet in my opinion the proofs
submitted do not under all the cir
cumstances disclosed, sustain the
claim of fraud, or that the price for
which the bonds were contracted to
be sold, considering the fluctuating
condition of the bond market and the
other ‘ existing conditions surround
ing this transaction,‘is so high as to
raise the imputation of bad faith, or
failure to exercise an honest discre
tion and judgment.”
FIRE INSURANCE
RATES JUMPED UP
State Surveying and Rating Bu
reau Boosts Rates eßcause
of Bad Fire Record "
Because of the poor fire record dur
ing the five-year period between 1910
and 1916, mercantile insurance rates
in Kennewick have been boosted up
several points by the Washingtbn Sur
veying and Rating bureau. Notice of
the new rates were received this week
by Trenbath & Tweedt and are effec
tive from Dec. 23rd, 1916, altho no ex
isting policies will be affected.
The increases are from 10 to 100
per cent and in many instances the ad
ditional premiums runs into rather
big dollars. Trenbath & Tweedt ex
press the belief ' that the new high
rates will not long continue because
of the fact that the last years of the
half decade show a much better re-3
icord than the first half. During the
first years of the period the J. E. Tull;
loss of $20,000, the Bellows loss,of‘
ibetween $7,500 and SIO,OOO and the
ithree frame hotel fires were written
- 1,. away-’f-‘nrd;tw-
The rate inérease‘is‘generu'. thwout
III: Yakima valley from Pasco to
North Yakima and some of the towns
fared even worse than Kennewick.
The new dwelling rate instead of
being increased, is reduced, the reduc
tion amounting to about 15 cents per
hundred and a lesser charge for ex
posures. While the mercantile dis
trict was rolling up a poor record the
residence sections were making good
with the underwriters. There have
been but few dwelling fires and there
has never been a loss from an expos
ure, as no two buildings have ever
burned at the same time.
It is rather a significant fact that
defective electrical wiring is assigned
by the bureau as one reason for the
increased rates. In the down town
district there is hardly a building that
is given a clean rating on this score.
Even the buildings where the wiring
is in conduit have received defective
marks.
NIGHT BLAZE DESTROYS
MRS. ANDREWS’ DWELLING
With Stairway Mass of Flames Three
Boys Escape Thru SecOnd
Story Window
The home of Mrs. Minnie A. And-l
rews in Stanton’s addition, was totally
destroyed by fire about midnight last
Friday night. The fire department
answered the alarm, but because of
the long run and the great distance
from a fire hydrant no water was
turned on the fire. In fact the flames
had gained such headway before dis
covery that the three sons of Mrs.
Andrews who were asleep upstairs
were forced to escape thru a second
story window. The building and con
tents were completely destroyed.
It is thought the fire originated
from a defective chimney or an over
heated stove. It was a cold night and
before retiring the boys had built a
heavy fire to prevent water pipes
from freezing. Mrs. Andrews carried
insurance on both building and furni
ture and the loss has been adjusted
thru the ofiice of Trenbath & Tweedt.
KENNEWICK, WASHINGTON, THURSDAY, JANUARY 4, 1917
WM. MORAIN T 0 no -
CITY STREET WORK
Local Contractoi' Is Succwsful
Bidder 9n Improvement of
Second and Washington
At a special meeting of the city
council Friday evening the contract
for grading, gravelling and oiling Se
cond and Washington streets and por
tions of Yakima, Tacoma and Pacific
streets, was let to W. A. Morain of
this city. It is the intention of Mr.
Morain to begin work as soon as the
weather conditions will permit and to
rush the work to completion.
The council’s intention of doing the
work by force acc'ount was abandoned
when the bids were opened and it was
found that .Mr. Morain's price was
léss than $250 more than the‘estizhatcs
prepared by Mr. Hanson.
Mr. Hanson’s estimates are as fol
lows: Second street, $5,508.98; Wash
ington $8,091.80; total $13,599.78. Mr.
Morain’s bid follows: Second street,
$5,433.59; Washington, $8,414.24; to
tal $13,847.83. The only other bid re
ceived was that of H. C. Root, of Spo
kane, who bid $6,000 for the Second
street work and $8,600 for Washing
ton street. .
MRS. W. J. BARRA'I'I‘ DIES
AFTER LONG ILLNESS
Mother of Five Small Children is
Victim of Tuberculosis -
of Lungs
Mrs. Anna Barratt, wife of W. J.
Barratt, died at 9 o’clock last Sunday
night at her home in the east part of
town. Death followed an illness of
18 months of tuberculosis of the lungs
and for the last few months she has;
been confined to her bed. 7
She leaves a husband, three daugh
ters and two sons, the oldest of which
is seven. Aside from the immediate
family she has no living relatives ex-'
.cept a stepfather.
Funeral services were conducted
Monday at three o’clock in the Meth
odist church by Rev. C. E. Miller, but
the body was held for burial until the
following day to await the arrival of
the husband’s brother, Edward J. Bar
ratt, of Sumas, zWash.
Mr. and Mrs. Barratt have made
their home in Kennewick for several
years having come here from Spokane.
1 LYNCH IS DIRECTOR '
S. D. Lynch has been appointed
school director to fill the vacancy
caused by the 3 resignation of R. C.
Mounsey and E. O. Keene has been
chosen clerk of the board in Mr.
Mounsey’s place. Mr. Lynch will hold
office until the‘annual school election
in March Wile; his successor and a
successor to E. O. Keene are to be
elected. .
HOUSE SOLITAIRE.
LET CONTRACT FOR
RICHLAND BRIDGE
Coast Bridge Company to Build
Two Howe-Truss Spans
for $12,000.00
The county commissioners Saturday
entered into a contract with the Coast
Bridge company, of Portland, for the
building of a new bridge across ‘thei
Yakima river between this city and
~lfichland.‘ The contract specifies that
the present bridge is to be replaced
with two Howe-Truss spans, each 167
feet in length and both 20 feet wide
in the clear, for which the company is
to receive $12,000. The company is
given 30 days in which to assemble
‘materials and 90 days more to com
}plete the bridge.
L. -il‘hgcontraetzflrgth" provides that
in the event the hemm-
found to be unsafe or the present
abutments undesirable they are to be
rebuilt by the company at cost plus
15 per cent. County Engineer T. J_.
Wright is to superintend the work.
The board entered into this contract
Saturday after having rejected four
bids received for the construction of
the steel bridge. The bids were as
follows: Portland Bridge company,
$23,175; Security Bridge company,
$22,000 and $18,500; Illinois Bridge
company, $24,860; C. L. Graves, $25,-
000.
UP-TO-DATE HABERDASHERY
IS PROMISED KENNEWICK
—Bcrrymln in Washington Star.
A. J. Copeland and H. W. Moore 01'-
ganize the Columbia Clothing
Company
A completely stocked and fully
equipped haberdashery store is what
the Columbia Clothing company prom.
ises the men of Kennewick. The new
company is the successor of The Pan
torium and the cleaning and pressing
and made-to-measure clothing busi
ness will be handled as departments
of the new business.
In making the change A. J. Cope
land, owner of The Pantorium, has
formed a co-partnership with H. W.
Moore, of Montezuma, lowa, who for.
the ast six years has been traveling
salesman for the C. D. Osborn com
pany, glove manufacturers, of Chica
go. It was in this capacity that he
became acquainted with Mr. Copeland
and became impressed with the pos
sibilities Kennewick oifers for a suc
cessful haberdashery business.
The new partner has been in the city
several days and negotiations have
been enter‘ed into with three diflerent
property owners for the erection of a
new brick building as a home for the
new company. _
Preaching services will be conduct
ed in St. Paul’s Episcopal church next
Sunday morning by Rev. Alfred Lock
wood.
" COURT CAN'T STOP 'EM ‘
‘ At 3 o’clock this (Friday) after- ‘
‘ noonthehoardofcountycommis- '
' sinners let the contract for build- “
' in; a court house to the Ferro "
' Concrete company. of Seattle. ‘
‘ The price of $107,678.00 bid by ‘
" this company was the lowest of "
‘ the six bids submitted. The oon- ‘
" tract was let in disregard of ‘
‘ Judge Linn's restraining order of ‘
‘ January 3 and was done upon the ‘
" advice of Edw. A. Davis of Pssco ‘
‘ as special counsel. Mr. Davis filed ‘
' an opinion in writing to the ef- '
“ fectthat thecourt'aorderwasen- ‘
‘ tirely void. ’ ‘
NEW OFFICIALS
TAKE THEIR SEATS
Geo. W. Sherk Now Sits at Head
of Council Table—No Change
in Police Department
Kennewick’s old council wound up
their little ball of yarn Tuesday night.
said goodbye to the cushions in the
chairs and turned the afl'airs of city
government over to their successors.
It was rather a perfunctory proceed
ing, however, as three of the council
men held over and two succeeded them
selves as did City Clerk Mrs. Seth.
City Attorney F. R. Jefrey, and City
Treasurer J. L. Johnson. Mayor Geo.
W. Sherk, Councilman at large Dr. D.
S. Brogunier and Second Ward Coun
cilman F. F. Beste are brand new per
formers ss no one of the'three has
before held city omee. The retiring
councilmenarefi.A.BiernndF.J.
Arnold. .
In leaving the mayor’s chair L. E.
Johnson thanked the members of the
council for their hearty ’co-operah'on
during his term of ofice and express
ed the hope that those who went out
of office would continue to take an
active interest in the" city's aflairs.
The city's oflicials, he said, were often
handicapped because of the indiffer
ence of the public.
As soon as Mayor“ Sherk had taken
his oath of omce and had administer
“: as to the other incoming of
ficers, he im ” 0 down. to
business by announcing the fol '
committee assignments: Finance—
'l‘weedt. Brogunier and Beste; Or
dinance, Brogunier, Egbert and Gil
crest; Street and Alley—Gilcrest, Eg
bert and Haas; Light and Water—
iHaas, Haydon and Brogunier; Public
} Improvements Haydon, Brogunier
and Tweedt; Fire and Fire Limits—
Beste, Haas and Haydon; Printing-a-
Egbert, Tweedt and Gilcrest.
The mayor's appointments of C. E.
Copeland as chief of police, J. B. Hay
don as deputy chief and Arthur Jacot
as street commissioner were confirm
ed by the council. The council also
approved Mayor Sherk's recommend
ation that the shifts of the two police
men he reduced from 12 to 10 hours
each. In order that the town might
be better policed at night he recom
mended that the chief’s hours be from
6 p. m. until 4 a. m. and the deputy's
from 11 p. m. untli 9 an. In sugn
gesting these hours the mayor ex-y
plained that there. seemed to be but;
little need of a policeman on duty dur
ing the daytime and that the street
commissioner would be invested with
police powers so he could act should
emergencies require it.
Chief Copeland interposed an ob
jection to the proposed hours, saying
that unless some more satisfactory
schedule be agreed upon 'he would de
cline the appointment. Deputy Hay
don, who has been working a shift
from 11 p. m. until 11 a. m., said he
would take his old shift but that he
felt that for the last three years he
had been given the least desirable
schedule. Aftr discussion Council
man Beste withdrew his motion to
adopt the proposed schedule and the
division of hours was left to the may
or and the two policemen.
Oneofthelastoflclalactsofthe
old council was to order all delinquent
improvement district assessments cer
tified to the county treasurer for col
lection. When turned over to the
treasurer these assessments are col;
lectedinthesamemannerasdelln-
(Continued on page eight)
COURT S'IOPS
CONTRACT FOR
COURT HOUSE
Judge Linn Restrains Commis
sioners from Further Action
Until January 17
ATTEMPT T 0 PURCHASE SITE
Supreme Court Halts Proceedings In
Bond blue Until Hearing on
January 19
Commissioners Clements and Mc-
Neill last ‘Friday morning oiled up
their courthouse-building machine
and set her in motion for another lit
tle joy ride. Before they had finished
they had purchased a court house site
and instructed the auditor to pay for
it out of any funds that might be
available, had advertised for bids for
a court house, had adopted plans and
specifications and engaged a supervis
ing amhitebhc?’ placed the bonds in
escrow and tracted for their de
livery to Keeler Brothers and had or
dered the auditor to counterslgn them
and furnish the purchasers with tran
scripts of the record. The machine
the while was guided by W. W. Zent
with Clements and McNeill reclining
on the cushions in the tonnau.
Saturday morning further proceed
ings in connection with the bond is
sue were stopped by a telegram from
the supreme court which issued a tem
porary restraining order and set the
case for a hearing January 19. This
writ was issued at the request of H.
A. Bier’s attorneys who have appeal
ed from Judge Grady’s refusal to per
manently restrain the commissioners
from putting thru the bond deal. The
hearing the 19th will be to determine
whether or not the supreme court will
continue the restraining order pending
the appeal.
The supreme court’s order, however,
did not prevent the commissioners
from completing the purchase of the
site and letting the contract for the
building. The contract for the build
ing was to have been let tomorrow,
the advertisement specifying that bids
were to be opened at 10 o’clock. This
action has been headed ofl' by a tem
porary restraining order issued by
Judge Bert Linn, who calls a halt on
further proceedings until the case can
“seminary "Lilli! girders-s
signed by W'finn in Pasco yes
terday evening and served on the com
missioners this morning. It restrains
them from letting the contract for the
court house and also forbids the aud
itor from issuing the warrant in pay
ment for the site. This action as the
former one, was brought in the name
of H. A. Bier.
From December 22 to December 29
the board remained in continuous ses
sion but transacted but “wiser no
business, their chief aim m
mark time until Judge Grady""
render his decision. The first act I
the commissioners after word had '
been received that the court had‘ or
dered the case dismissed was to pass
a resolution olfered by Mchill. The
resolution authorised the man tn
enter into a contract with Xeeler Bros.
to have the bonds placed in escrow
to be delivered to the purchasers as
soon as litigation had been disposed
of. This action was taken to make
thedeliveryofthebondsandthere
ceiptotthemoney“deiiniteandcer-
tain.”
Nelson Rich then appeared before
the board and oflered to sell the
county Block B in Rich's addition for
$9,500, the same to be used as a
court house site. Propositions were
also received from B. E. McGregor
and G. W. Hamilton. As soon as the
bids were received McNeil! offered a
motion in writing accepting the bid
of Mr. Rich for Block B (which is just
across the street from McNeill's
home). McNeil] and Clements voted.
“Aye” and Bash “Nd",
Later in the day McNeil! offend
in writing the following motion: “I
move that a notice be published in the
official county paper commencing to
day, the 29th of December, 1916, call
ing for-bids for the erection _ot a court
house in the city of Proudly!!! ao
cordsnce with plans and specifications
tobeonfilewithfllecountylnditor ‘
Inot later Gian the 80th day of.De
-Icamber, 1918, and that said bids he
(Conan-0d on m debt)
NO. 40