Try Masel and Risk Contempt, Council Is Warned
Attorney John Wiley says an appeal has stayed the case against the deposed fire commissioner—and that city officials could be hauled before the supreme court if they proceed.
John Wiley has kept his promise as regards the Masel case, and yesterday filed in the superior court a bond of appeal to the supreme court. Later he met both houses of the city council, and after assuring the aldermen and councilmen that he intended to make the hardest fight he could for his client, asked that the convention grant him a continuance from Tuesday until Wednesday. Monday he was obliged to appear in a case before the superior court at Ellensburg, and therefore could not meet the deposed fire commissioner that evening. The continuance was granted, as required by professional courtesy.
In stating his position to the council, Mr. Wiley said there was a substantial dispute between himself and Corporation Counsel Scott as to the legal effect of the appeal, the one insisting that the council no longer had jurisdiction of the case, the other declaring that the appeal applied only to costs, and that the convention could proceed with the trial.
Mr. Wiley says not only that the proceedings of the convention have been stayed by the appeal, but that thereby the writ of prohibition, obtained from Judge Langley Tuesday and afterward quashed, is still operative, and that if the members of the city council, Mayor Phelps and Mr. Scott attempt to take any steps in the matter they will be liable to be attached and taken before the supreme court for contempt.
"It is my intention," Mr. Wiley said, "should the council decide to proceed with the case, to appear and try it, taking care to maintain my position as to jurisdiction."
The above remark is regarded as an intimation that if the council pushes the charges against Masel, his attorney will at once call upon the supreme court to cite everyone concerned in the prosecution to appear and show cause why they should not be punished for contempt.
The case that calls Mr. Wiley to Ellensburg is that of A. M. Cannon vs. Ben H. Snipes, involving the Ellensburg bank failure. The decision will affect $1,100,000, and the claimants are about 400 creditors. Mr. Wiley's claim is for $4,000. Since the commencement of the action A. M. Cannon, formerly the wealthy pioneer of Spokane, has died.
“It is my intention, should the council decide to proceed with the case, to appear and try it, taking care to maintain my position as to jurisdiction.”
The Masel case turned on a very modern-sounding question: once an appeal is filed, does the city lose the power to act? Wiley's threat to haul the council into contempt is the 1893 version of a stay pending appeal.
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