UNITED STATES OP AMERICA. (WASHINGTON.) 



817 



than in the Atlantic spawning-grounds, and the 

 Sound waters are also subject to sudden changes 

 that result in a much greater range of tempera- 

 ture than is conducive to the life of the Eastern 

 oyster spat. 



Education. The apportionment of school 

 funds made for the quarter ending March 31, 1902, 

 was the largest in the history of the State, being 

 at the rate of $0.0485 per day's attendance. The 

 total amount apportioned was $692,478.50. King 

 County received the largest sum, $127,266.81. 



The number of school-children in the State in 

 1901 was 152,541; in 1902, 167,902. The number 

 enrolled in the public schools in 1901 was 123,- 

 .391; in 1902, 136,645. 



Charities and Corrections. The first biennial 

 report of the State Board of Control was issued in 

 December, and covered six months of the admin- 

 istration of the Board of Audit and Control and 

 eighteen months of the present board. 



From the tables prepared by the board the fol- 

 lowing figures in relation to the population and 

 average daily cost per capita are taken : Western 

 Washington Hospital, average number during 

 term, 747.15; average daily cost per capita, 

 $0.3548; Eastern Washington Hospital, average 

 number, 366.48; average cost, $0.4139; State Pen- 

 itentiary, average number, 514.50; average cost, 

 $0.3470; State Reform School, average number, 

 168.75; average cost, $0.3323; State Soldiers' 

 Home, average number, 192.04; average cost, 

 $0.4686; State School for Defective Youth, aver- 

 age number, 157.50; average cost, $0.5061. 



There has been an increase at all the institu- 

 tions except the State Reform School and the Sol- 

 diers' Home, which have shown a small decrease. 



The increase in the population of the State Pen- 

 itentiary, amounting to 29 per cent, from April, 

 1901, to April, 1902, is explained by the Board of 

 Control as due to the fact that the population of 

 the State has largely increased, particularly in 

 the cities, where crime is more prevalent. King 

 County alone sent 100 persons to the Peniten- 

 tiary this year. 



Congressional Appropriations. Somewhat 

 more than $2,500,000 were appropriated by Con- 

 gress for public works in this State at the session 

 in June. In addition to the direct appropriation, 

 the indirect Government expenditures bring the 

 State's allotments up to more than $3,000,000. 

 Approximately $1,000,000 was appropriated for 

 river and harbor improvements in the State, and 

 a total of $1,112,500 for Puget Sound Navy -Yard. 

 Nine thousand dollars was appropriated to make 

 timber tests under Government supervision, $59,- 

 200 for lighthouses and other aids to commerce, 

 $100,OQO each for Government building sites at Ta- 

 coma and Spokane, and $150,000 additional for 

 Seattle's piiblic building. 



Legal Decisions. The Supreme Court handed 

 down a decision that a Japanese can not become a 

 citizen of the United States. The point came up 

 in the matter of the admission of a young Japan- 

 ese lawyer to the bar of the State, there being a 

 law making citizenship a qualification for ad- 

 mission. The main point was whether a native 

 of Japan could become a citizen of the United 

 States, and whether the Superior Court of Pierce 

 County acted within its jurisdiction in granting 

 naturalization papers to the Japanese in question. 

 The court decided that the two races mentioned 

 by the Constitution as now eligible to citizenship 

 under the general naturalization laws are white 

 persons and persons of .African (negro) descent 

 and nativity. When the naturalization law was 

 enacted the word "white" applied to the race 

 commonly referred to as the Caucasian race. 

 VOL. XLII. 52 A 



The State of Washington failed to secure a rec- 

 ognition of its claims in the contest over the estate 

 of John Sullivan in King County, an application 

 for a writ of mandamus directed against the Supe- 

 rior Court of King County being denied by the Su- 

 preme Court. The estate, valued at $500,000, was 

 contended for by a large number of alleged heirs. 



The contention of the State of Washington was 

 that Sullivan, who. died intestate, left no heirs to 

 his property, and that it therefore had escheated 

 to the State. The Supreme Court held that the 

 proper remedy is by appeal from the order of the 

 court denying the State's petition. 



In August, prior to the State elections, the 

 Supreme Court handed down two decisions in- 

 volving the same questions, and for that rea- 

 son consolidated at the argument. They were 

 applications for a writ of mandamus to the 

 Governor, requiring him to issue his proclama- 

 tion for the election of a Governor, a Lieuten- 

 ant-Governor, and 3 Justices of the Supreme Court 

 at the general election in November. It ap- 

 pears from the petitions that John R. Rogers and 

 Henry McBride were, at the general election held 

 in November, 1900, elected to the offices of Gov- 

 ernor and Lieutenant-Governor, respectively. That 

 on Dec. 26, 1901, the Hon. John R. Rogers died,' 

 and respondent Henry McBride thereupon took 

 the oath of office and became acting Governor. 

 The relator in the suit maintained that there was 

 a vacancy in the office of Governor and also of 

 Lieutenant-Governor. Furthermore, the Legisla- 

 ture of 1901 having passed an act increasing the 

 number of judges of the Supreme Court from 5 to 

 7, appointments were made to fill the vacancies 

 created by the act. The relator further main- 

 tained that the terms of office of the 2 judges so 

 appointed would expire on the second Monday of 

 October, 1902, and complained that the Governor 

 refused to issue his proclamation for the election 

 of a Governor, Lieutenant-Governor, and 2 Su- 

 preme Court Justices, at the general election, held 

 in November. 



The mandamus proceedings, approved by the 

 Governor, were instituted to test the validity of 

 the legislative act, and the questions concerning 

 the governorship and lieutenant -governorship were 

 included in order to secure an opinion concerning 

 them. The first question presented was: Does the 

 death of the Governor cause a vacancy in that of- 

 fice which may be filled by an election for the un- 

 expired term, and, if not, does the office of Lieu- 

 tenant-Governor become vacant when the incum- 

 bent assumes the duties of Governor? 



The court argued that " it is not shown how an 

 office can be vacant and yet there be a person, 

 not the deputy, or locum tenens, of another, em- 

 powered by law to discharge the duties of the of- 

 fice, and who does in fact discharge them. It is 

 not explained how, in such a case, the duties can 

 be separated from the office, so that he who dis- 

 charges them does not become an incumbent of 

 the office. And, in the second place, how a per- 

 son can fill the office of Governor without being 

 Governor." Its decision was: "The Constitution 

 having provided that in case of the death of the 

 Governor the duties of the office shall devolve upon 

 the Lieutenant-Governor, there is no vacancy in 

 the office of Governor. When the Lieutenant- 

 Governor, by virtue of his office and of the com- 

 mand of the Constitution, assumed the duties of 

 Governor on the death of Gov. Rogers, the office 

 of Lieutenant-Governor did not thereby become 

 vacant, but the officer remained Lieutenant-Gov- 

 ernor entrusted with the powers and duties of 

 Governor." 



As to the incumbency of the Lieutenant-Govern- 



