
    [No. 1257.
    Decided March 28, 1894.]
    The State of Washington, on the relation of A. E. Rice, Prosecuting Attorney of Lewis County, Appellant, v. The City of Centralia et al., Respondents.
    
    
      Appeal from Superior Court, Lewis County.
    
    
      A. E. Bice, and Miller Murdoch, for appellant.
    
      G. T. Swasey, for respondents.
   Hoyt, J.

— Many questions were presented in this case not involved in that of The City of Pullman v. Hungate, ante, p. 519, and it is probable that the action of the court below in sustaining the legality of the incorporation of the defendant could be sustained without the aid of the act of March 9, 1893 (Laws, p. 183), but the conclusion to which we have come, as shown in the case just cited, as to the effect of that act makes it unnecessary for us to discuss the other questions presented by the record.

The judgment of the superior court must be affirmed.

Dunbar, C. J., and Scott, J., concur.

Stiles, J.

(concurring). — Eor the reasons given by me in Pullman v. Hungate, I should dissent in this case. But I am very much in doubt whether the act of 1888 (Laws, p. 221) was void as to this corporation, which had a valid, legal existence as a corporation by special act, and merely undertook to re-incorporate under the law of 1888. See §26, p. 231, and Burlington v. Leebrich, 43 Iowa, 252, and I shall therefore concur in the result.

Anders, J. — I concur in the above.  