Ballard's City Attorney Skipped Court—and the City Paid a Debt Twice

The judgment of $1,046 obtained by Thornton against the city of Ballard, whereby the city was compelled to pay the same debt twice, caused the city council, on Tuesday night, to order an investigation into the official conduct of City Attorney Edmund Peters, after some very caustic remarks had been made on that official's neglect of duty.

The city attorney was absent, but he had sent a petition asking the council to grant him leave of absence for sixty days. The reasons he assigned were ill health and the recommendation of a change of climate by his physician. He had engaged Fred H. Peterson, of Seattle, to discharge the duties of city attorney, without additional compensation from the city.

After the petition was read the mayor said he had a painful duty to perform, with which he should not be interfered with. The business of the city had been neglected by the city attorney in such a way that it was a disgrace to the city. He then related the facts of the Thornton case, telling how he had postponed the case from Saturday to Saturday to enable the city to show cause why the judgment should not have been satisfied; that the city attorney had assured the council that he would obtain an injunction from the court restraining the mayor and clerk from signing the warrant; that on Saturday he attended the court and the city attorney had done nothing, and did not even appear in court, and that he was then compelled to sign the warrant for a debt which Judge Thornton said was a shame the city had to pay twice, and which might have been avoided if the case had been properly attended to. The excuse given by the city attorney was that Fred H. Peterson had promised to attend to the matter, but Mr. Peterson said he had made several appointments with Mr. Peters, none of which he had kept. The mayor proceeded:

'We have a city attorney we cannot depend on. He has the ordinance for the improvement of Fourth Avenue in his pocket now that ought to be before the council, and the ordinance for the improvement of Railroad Avenue is not ready. In matters of business, friendship ceases, and something ought to be done.'

The mayor also thought Mr. Peterson had not done his duty, as he had promised him personally to attend to the case for Peters.

Beech: 'You can never depend upon a lazy horse; neither can you depend on a drunken man. I think Peters and Thornton are in cahoots to divide the spoils.' Chandler called him to order. He then moved that the council demand the resignation of Mr. Peters as city attorney, and the mayor called him to order.

Winsor said he had always observed that Attorney Peters was never ready to give his opinion. He had seen Peterson and Peters in a misunderstanding, and due to ignorance of the law he had seen the loss in the Thornton case. He thought both men were inexcusable. In looking over the records of the business of the city attorney he had found a state of affairs most damnable, and neither Peters nor Peterson was fit to be attorney of this city.

The petition was laid on the table. Mayor Dow was then authorized to appoint a committee of three to investigate the official conduct of Mr. Peters.

Chandler then said he was grieved at the language of some of the councilmen. It was unmanly and ungentlemanly to talk behind the city attorney's back, and it would be more manly and honest to say what they had to say before his face.

Chandler, Morris and Winsor were appointed a committee to investigate and divide the city into three wards for election purposes.

The fire and water committee was empowered to obtain a centrifugal pump and boiler to test the artesian well this week.

Ten dollars was allowed the city clerk as compensation for auditing the office of ex-Deputy Attorney L. A. Murdock, who is reported $99 short in his accounts.

Petition for horse arena granted to Para A. Wegener.

Other business done was: bills of O. Wittenberg, $7, and ... Company, lumber, were allowed; bills of ... referred to finance committee; official salaries allowed; condition of box sewer at foot of Second Avenue referred to street committee.

Action on treasurer's bond, on account of neglect of city attorney to prepare ordinance, was deferred one week.