The Council Seat That Went to Court
After Blake outpolled Morris in December, the city council seated Morris anyway. Judge Langley rules that the courts, not the council, must decide who really won.
Judge Langley yesterday decided the election contest between Morris and Blake, each of whom claimed the same city council seat. The decision was brought about by a demurrer from Morris, who claimed that the superior court has no jurisdiction over the action of a body like the councilmen created by charter.
At the election held last December Blake secured 116 votes and Morris only 104. Notwithstanding the figures, the city council voted in Morris to the office, and Blake commenced action to oust Morris from his seat.
Judge Langley decided against the demurrer: the city charter did not give the council final determination, its action is only prima facie, and his court had complete jurisdiction to hear the facts in the case and determine who was entitled to the seat.
The case will now have to come to trial and be heard on its merits. This practically means a recount.
“The case will now have to come to trial and be heard on its merits. This practically means a recount.”
In 1895 Seattle, a city council could seat a candidate who had apparently lost at the polls; a judge had to remind them that a charter is not a license to ignore the count. The fight rhymes with modern disputes over election certification and who gets to decide contested results.
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