Curtis v. Interlake Realty, Inc.

385 P.2d 37, 62 Wash. 2d 928, 1963 Wash. LEXIS 411
CourtWashington Supreme Court
DecidedSeptember 19, 1963
DocketNo. 36696
StatusPublished
Cited by1 cases

This text of 385 P.2d 37 (Curtis v. Interlake Realty, Inc.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. Interlake Realty, Inc., 385 P.2d 37, 62 Wash. 2d 928, 1963 Wash. LEXIS 411 (Wash. 1963).

Opinion

Donworth, J.

This appeal arises under RCW chapter 49.60, which the legislature has designated the “law against discrimination.” More specifically, it is an appeal from an order entered by the superior court directing Richard L. Ferchaud, one of the appellants, to appear before the Washington State Board Against Discrimination (herein called the Board) to testify in response to its subpoena relative to the complaint of G. Russell Curtis, which is described below.

[929]*929The complainant, who is a Negro, initiated these proceedings by filing with the Board a complaint consisting of a mimeographed form in which he stated that he had been discriminated against by Interlake Realty, Inc., because of his race, “in publicly-assisted housing.”1

Briefly stated, it was alleged, in Mr. Curtis’ complaint, that he had been unable to purchase any of three certain homes located in Bellevue (described therein by street address) which he had seen advertised for sale by Interlake Realty, Inc., in a Seattle newspaper. It was further alleged that Richard L. Ferchaud, one of its salesmen, on February 8, 1961, had failed to keep an appointment made by telephone with Mr. Curtis to show him and his wife these houses. Later on the same day, Mr. Ferchaud telephoned Mr. Curtis and offered to show them the houses. He then drove them in his car to see the houses, which at that time had “for sale” signs displayed on them. They discussed the Curtises’ qualifications as potential buyers and the terms of sale. Mr. Curtis stated to Mr. Ferchaud that they were definitely interested in buying one of the houses, and Mr. Ferchaud made an appointment to come to their home the following evening to discuss the matter, but failed to do so. The next day Mr. Curtis went by the houses, and they all had “sold” signs on them. He contacted other representatives of Interlake Realty, Inc., but nothing resulted from his attempts to purchase a house. Mr. Curtis’ complaint concluded with the statement: “I believe that we were discriminated against by the Interlake Realty because of our race.”

Pursuant to its statutory powers and duties (RCW 49.60-.120 (4) and .240), the Board, in investigating this complaint, designated Glen E. Mansfield, one of its investigators, to [930]*930ascertain the facts. He contacted the attorneys representing Interlake Realty, Inc., and finally, on May 24, 1961, served a subpoena and a subpoena duces tecum on Mr. Ferchaud, in accordance with RCW 49.60.140. Mr. Fer-chaud refused to appear before the Board in response thereto, allegedly on the advice of his attorneys.

RCW 49.60.150 and .160 provide:

“No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the board or of any individual member, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.” RCW 49.60.150.

“In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the board shall have jurisdiction to issue to such person an order requiring such person to appear before the board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.” RCW 49.60.160.

As the result of Mr. Ferchaud’s refusal to appear, the Board, on June 19, 1961, filed in the superior court a motion for an order requiring him to obey the subpoena.

After a hearing, the court, on September 21, 1961, entered an order directing Mr. Ferchaud to appear before the Board on October 6, 1961, to produce evidence or to give testi[931]*931mony, if so ordered, touching upon any matter under investigation concerning the complaint of G. Russell Curtis.

Because of. our decision in the O’Meara case (see note 1), this order was vacated October 5, 1961, and the cause was set down for further argument.

April 13, 1962, a further hearing was held in the superior court. At the conclusion of the hearing, the court orally announced its decision. The trial judge first reviewed the prior proceedings in the case as follows:

“The Court: The issue presented in this matter is actually rather limited, because it arises under a motion made by the Attorney General on behalf of the Washngton State Board Against Discrimination to require a witness to appear in response to a subpoena.

“In June, 1961, the petitioner, the Board, moved the Court for an order to require Mr. Richard Ferchaud, real estate salesman, to appear before the Board to produce evidence or give testimony touching on any matter under investigation concerning the complaint of Mr. G. Russell Curtis.

“Mr. Ferchaud has not appeared and has, in effect, asked that the proceeding be dismissed and the order of the Board quashed so that he will not have to give any evidence.

“The history of this case shows that in September, 1961, this Court entered an order directing Mr. Ferchaud to appear and produce evidence or give testimony, and that that order was vacated on October 5, and the cause was set down for further argument at a later date. After various postponements, this is the later date.

“The reason for the vacation was the decision in the case of O’Meara v. Washington State Board Against Discrimination, decided September 29, 1961. The basis for the prior order was that federally supported housing was involved and the State Supreme Court has now indicated that that portion of the act is unconstitutional and the Court is now presented with the proposition that the state law has other provisions under which this complaint properly comes.

“Specifically, it is contended that the statute pertaining to places of public accommodation prohibits any act of discrimination and that the respondent, Interlake Realty, Incorporated, is operating a place of public accommodation within the meaning of the statute.”

After discussing certain authorities, the court concluded:

[932]

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523 P.2d 439 (Court of Appeals of Washington, 1974)

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Bluebook (online)
385 P.2d 37, 62 Wash. 2d 928, 1963 Wash. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-interlake-realty-inc-wash-1963.