The Sheriff’s Hammer: Snohomish’s Last Stand Against the 'Nuisance'

SNOHOMISH CITY, WASHINGTON TERRITORY, SATURDAY, MARCH 24, 1877.

Judge Lewis as an Abuser of Nature.

It is certainly quite refreshing to see the way Judge Lewis goes to work to put a stop to smash brothels and kindred institutions. Like nearly every other place on the Sound containing a large Indian population, until very recently this country has been cursed by many institutions of this character. When we first came to the Country a few years ago to engage in the practice of the legal profession we were repeatedly warned not to attempt to use our influence against such things, under penalty of the men who supported such things wholly destroying our practice, and compelling us to go elsewhere to seek it livelihood.

The gradual growth of the community, increase of families, etc., finally created a public sentiment, which, backed by the excellent nuisance law of the Territory as administered by Judge Lewis, crumbled the citizens, without resort to criminal prosecutions to effectually stop every public house of this kind about one year ago.

Just after their suppression, two men built a house at the lower portage between Ebey and Swombont sloughs, for the express purpose of carrying on this business. Fearing no indictment they left the county last November, the cause now starting up again in the hands of Messrs. Manning Engles, old birds at this business. After an indictment was found this term of Court, and the Sheriff went after these “gentlemen,” they found them gone and a cook (Forria) in charge. Him they arrested, and brought to this place, who pleaded guilty, the Court deeming him not the real culprit, only imposing a nominal fine, but made the following very effectual order in reference to the building. By this the real guilty parties can get their building for lawful uses.

But when they apply for it, the Sheriff’s duty will be to arrest each and all of them, and hold them to appear before his honor, who will probably impose about a thousand dollars fine on each, accompanied by a reasonable term of imprisonment. This hopefully effectively disposes of the our house business in Snohomish county.

Below we give an extract of the order of the Court:

“And it is further considered and judged by the Court that said nuisance be abated at once. And that the Sheriff of Snohomish county abate the same upon receiving his warrant from the Court to that effect, by removing from said house and taking into his possession all movable property Used to carry on said house, as a mad house. And that for further abate till nuisance, the said Sheriff lock up, and keep in his possession, said house, until the ownership thereof is changed, when he will deliver it up to said owner to be used only for legitimate purposes. And the Court finding that it will cost twenty-five dollars, to abate said nuisance, it is now considered and adjudged that the plaintiff do have and recover of and from the said John Dennis Ferris, the sum of seventy-five dollars, for abating said nuisance and execution issue therefor to be first laid on the personal property which has been used in maintaining said public nuisance.”

Report of Grand Jury.

To Mr. Honorable District Court Clerk, Snohomish County, the Grand Jury report as follows:

First—That the Sheriff’s bond is defective. It is payable to the Board of County Commissioners and not the county. It is not approved according to law, and not recorded.

Second—The Treasurer’s bond is defective. It is payable to the County Commissioners and not the county, and the penalty of the bond was not first fixed by the Board of County Commissioners.

Third—The Auditor’s bond is defective too. It is payable to the County Commissioners and not to the county. It is not filed with the Clerk of the District Court but left in Auditor’s office.

Fourth—The penalty of the Probate Judge’s bond was not first fixed by the Board of County Commissioners. It is otherwise correct and has been approved by the Board.

Fifth—Justice of the Peace’s bonds are all payable to the County Commissioners in place who the County. They have been approved by the County Commissioners in place of the Auditor as the law required.

Sixth—Justice of the Peace’s bonds have been approved by the County Commissioners in place of the Auditor.

Seventh—Auditor’s office properly kept; its books look good pasted, but the Auditor has no official seal but uses the County Commissioner’s seal. We are informed by the District Attorney that this is not a proper office seal for the Auditor as such.

Eighth—Sheriff’s office properly kept; its book properly kept and he will post it.

Ninth—Clerk of the District Court’s bill paid and his book and attorney properly kept.

Tenth—Probate Judge’s office to be made out. May, June, be laid up for a time.

Eleventh—County Treasurer’s office books as far as we had time to examine appear to show correct accounts with the County, but we recommend that the ledger account with the several funds of the county be more frequently balanced. These books show that he has received in payment of liquor and other items count sent for a large amount of county script in payment of county taxes, endorsing in many instances such items on thousands of dollars in the same manner as he would if it was a tax. The Prosecuting Attorney informs us that there is no authority in law for this, but all that seems to pertain to be to the County Treasurer in currently outa. We would most respectfully call the attention of the County Commissioners to this, that the matter may be righted hereafter.

Twelfth—In the matter of granting licenses to sell liquor by retail, the order at the Board does not show that the persons licensed are men of good local character. This has been an overnight. The Board of Commissioners have generally granted the license and have not delegated this power to the Auditor. As soon as the County is able a suitable site should be procured to keep the county records in, and county offices detached from other buildings should be, as soon as practicable, secured so as to avoid danger from fire; all of which are respectfully submitted.

E. Farnsworth, Foreman.