The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-11-16
NO SPECIAL ELECTION.
The Water Proposition Must
Lie Over Till July.


As viii be seen By reference 10 the pro
el&msfion of Mayor Moran. published in
another column. the special election
ordered By the city council 10 take place
next Menday, November 18Th, for the prr-
pose of voting on the question Of bonding
the city in the suEa of $l.0o9.noo 10 con-
sirucf . system OF water works, IS de
eiared of'-or. in the more technical
language of the mayor. is .,annul.ed and
rescinded''
fnmedixtely after the council had pro
vided for the special election. the question
was raised IS TO whether such action was
in accordance with the city charter. In
auiry was made into the matter, and some
expressed the opinion that the election
would be valid and Others thought
that il would not Mayor Meran
finally concluded to take legal advice on
the subject and referred it to the legal nrm
of Peterson 4 Faben- Mr.. Peterson has
been iaboring for the past week on the
question, and the result OF his researches
Was q conviction on his part that the ele<,-
ton could not be legally held and ne SO
advised the mayor. who accordingly
issued the proclamation inyalidatIng the
action OF the council ordering the election
That the yexed question might DC clearly
presented to the public, a fosT-lSTELII-
GEScER reporter called upon Mr.. Peterson
at his Office last night and obtained from
him the following statement:
Tne charter of the city of Seattle was re-
vised BY act OF legislature aud approved
February 1, ISs6. sections Il and "a there
of relate to city wxterwsrks aud water-sup-
ply Section II was originally passed No
yember II, 1875, and as then passed 1t pro-
vided that the city should not erect water
works until majority OF the voters of the
- - - ola = a
vote for the sane" But in the revised
charter section Il is identical. except that
the words '-or special are omitted.
In publishing the city charter and ordi-
nances by authority of the city in lsss, the
words ''or speeiaf" were by mistake re.
tanned in section Il. and thus the council
and others supposed that the election
might be either general or special. Conse-
queatiy, if the position Is taken that sec
ITEMS u and q are in force. the election
next Monday would be void, because the
same would not be a general election un-
der the charter.
Again. q valid election could not be held
next Monday under the general law of the
last legislature, chapter IS. The law OF
congress, approved July 80, 1886, entitled
An act to prohibit the passage of local or
special laws in the territories of the United
States and TO limit territorial indebted
ness" especially provides THAT nothing
in this act contained shall be so construed
as 10 effect the validity OF any act OF any
territorial legislature heretofore enacted.
II requires no argument TO understand
that the city charter is not at all affected
by that act of congress.
The next Question arises then, does
chapter IS above named, repeal or amend
any section or provision of the city charter.
Chapter IS is entitled IAN act authorizing
indebtedness to be created by counties,
cities. school districts, and incorporated
towns. and in relation thereto, ana to re-
peal an act to amend Sec 26SS of the code"
This act is passed in pursuance
of the above act of congress aud follows
the same in terms and effect, viz: The debt
of county, city school district or ineerpo-
rated town or village shall not exceed one
per cent. OF the assessed property yaiua-
lion, except when at special or general
election a majority of the voters shall
authorize a larger Indebtedness, rot ex-
ceeding four per eeut for water works
and the like.
This law repeals IAN get to amend sec
ton 1858 of the code" and contains no
other repeating clause. The question,
therefore, is whetser this general lesS re-
peals special laws. such as parts 6 our
city charter in conflict Herewith. II the
same rules Of construction prevail in
territories as elsewhere, then the answer is
mo. Sedgewiek on Statutory Construc-
ton lays down the rule that a
Bcucfhi etdtutc IOts IOt fcpt&l
particular statute, unless such gen
eral statute contains words of repeal.
The supreme courts of Ohio, Iowa, fndi-
ana, Michigan and other states have held
that "a special charter OF statute
prevails over the general law" OF
course authorities may be found both
ways, but ii appears that the larger number
of authorities support the above doctrine.
Hence il would appear that sections II
and "A of the revised charter are yet in
force, and of course no valid election can
be held Monday. Such election would
have to be held In July of each year only.
WHERE is THE cHAgTEEg
In further confirmation of the foregoing
views on the validity of the proposed cleo
ton, Mr.. Faben on Wednesday wen. up to
Olympia to hunt up the city charter. on
Gle in the Office of the territorial secretary,
and TO ascertain, finally and officially.
whether the words "or special appear in
the records as part of section Il of the
charter as revised in 1856, or were omitted,
in accordance with the reading of the ses-
sion laws OF 1856. Mr.. Faben returned last
night. his mission fulfilled. Secretary
Owiugs was absent, but with one or two
clerks he had searched the Office high and
low and could nowhere fiud IL.
The secretary Is the proper
custodian of the territorial archives,
including the charters granted to the vari-
Gus cities, and the city OF Seattle would
indeed be in a startling dilemma If its
charter were lost, and no official record of
IL were on file in the official place. u is
expected that Secretary owings viii be
able to find the charter when he returns TO
his Office.