Sixty-Five Sign for a Town; Sixteen Try to Take Their Names Back

The matter of the petition of 65 of the citizens of Marcus for a hearing for the purpose of incorporation into a town of the fourth class came on regularly for hearing at 10:30 a.m. An affidavit was presented showing that notice of incorporation was duly published in the Colville Examiner. A remonstrance was presented to the board setting forth that the petition was not signed by a sufficient number of voters and other reasons why said petition for incorporation should not be granted. Also a petition by 16 signers of the petition requesting that their names be stricken from the petition for incorporation. R. A. Thayer appeared as attorney for the petitioners and H. Jackson appeared as attorney for the remonstrators and those requesting that their names be removed from the petition.

Having been advised in the matter by the county attorney, the board of commissioners ruled that the names of petitioners who had signed the petition for incorporation should not be stricken off. Mr. Jackson took exception to the ruling for the following reasons: 1st. That until final hearing any person desiring to withdraw his name from the original petition and so expressing his desire in writing should be permitted to do so without being required to assign any reason therefor. 2nd. That where petitioners have requested to have their names withdrawn from the petition on the ground of misrepresentation which induced them to sign it, they ought at least be permitted to show that they were induced to sign such petition through such misrepresentation by submission of evidence.

Remonstrators further except to the ruling of the board placing the burden of proof upon them, on the ground that it was incumbent upon the petitioners to maintain the allegations of their petition.

R. A. Thayer, on the part of the petitioners, objected to the introduction of testimony relative to qualifications of voters on the petition for the following reasons: 1st. That said petition was filed with the board of commissioners on the 15th day of July, 1909, and that said board designated July 31st, 1909, as the date of hearing. That 20 days had elapsed and no objection had been raised. 2nd. That the statute is mandatory and that at the time of hearing of said petition the only question for said board to decide is the number of inhabitants of said proposed corporation, 300 or more, and if any objection as to including territory or striking same from the proposed corporation. The ordering of holding of an election, at which time the question of incorporation shall be presented to the voters within such boundary.

A number of witnesses were examined under oath for the purpose of ascertaining whether or not those signing the petition were legal voters residing within the proposed corporate limits. After hearing all the evidence in the matter the question was taken under advisement.