The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-13

bring the en- eteal1y Within the Well eexac-
iss rus e equity e . "a s.s see1
upon which equitable jurisdiction may 3 N
yoked, one Of which II that the plaintiff shows
that e yin sunsr muir q -. 1.t e
computation can Be made OF the resulting Dam
ages. Upon this ground shah ress my O.
cision, holding that the pIaintin Y enesled g
the restraining order prayed Tor II IN fac1 xne
election was NOT lawful :,
I have been especially urged to pass upon all
the grounds OF illegaiity il the .pEoceedinEs a.
Legged ~ the pI.intin ana n &c -. g e sca g,
] hold: That rs the sta ute under eon9oersr
ton does not specifically require that the inha0-
itanfsswithin the district proposed % oe lncor-
purpose OF enabling the board Of county com
missioners to ascertain the number thereof De-
fore ordering an election. such enumeration -
mot necessary. In other words. q the statute
does mot say that census must be taken, the
court cannot say 20. The law does require the
board of county commissioners 20 ascertain the
number q people within me INN, % g sre1,
the number in any manner possible The pam
tits bill shows that the board OF county CON-
missioners have made record IN their proceed
inSs declaring the number of inhabitants 10 %
1900, and notwithstanding the plaintiffs ale
Cation that the board took no steps to ascertain
The number of people, think 1t eonciusayeiy
appean that means which 70 the board seemed
guiticieut and proper must have been made use
of 70 obtain the requisite information. ana
therefore decide this point against the piainf1n
The doI = sss ocer
ex odicio clerk of the board OF county commis-
eioners, and the proper person 70 ACT for Ine
board in issuing such notice In the Dody o.
the notice IL plainly and sumcientiy appease
that the election was ordered by the beard OF
county commissioners, and consequently tnat
the notice itself was in fact issued by the board
Is the law required, and therefore hold against
the plaintiff = TO this second objection.
The law specifically requires that the NOTES
shall state the number OF inhabitanu ascef-
tanned by the board 70 reside within the bound
aries Of the proposed corporation, and as the
notice in question does not contain such state
ment it fails to comply with the law, and the
proceedings are on this account irregular I
consider, however, that il Is q mere iIreguiaHfy
aud in point not vital do not believe that any
court would on this ground adlndge thai the
corporation, IL its organization should be COM
picied would be invalid. do not see that the
plaintiff can be prejudiced by such iIOeguiarity,
and / therefore decide this point against him.
X is essential to the maintainancc of an EN-.
cienf city government that Its poice power an {.
jurisdiction should extend over its harb0r, II It
has . barbor, and in the argument before me
tie fourth objection urged was not supported
by the citation of any statute or adjudged case
The statute places no limit upon the power and
discretion of the board OF county commissioners
In fixing the boundaries of cities OF the class 10
which Anacortes properly belongs, aud GER
tainiy consider that the legislature must have
contemplated that the boundaries OF such city
would in ali probability be so fixed "A to include
its harbor; and in my opinion the proceedings
are not invalid because the boundaries were so
fixed.
The last objection is more serious. The ques-
ton whether to incorporate or not must be de-
termined under this Law by the votes OF the
qualified electors residing within the boundar-
les oil the proposed city. From the number OF
the inhabitants within the district proposed to
be incorporated in this city II appears that there
was necessarily within the same district vot-
ing population exceeding $50, and II was neces-
Eary therefore, under the laws OF this state that
trict should be registered. and registration -
essential to the right to vote think that -
by the terms of the statute, only qualified cleo
tors entitled to vote at an election 70 deter
mine whether city shall be incorporated,
where the registration law has been disregarded.
it plainly has In this case, the election il an
absolute nullity.
100.
This author says: at being conceded that
the power 70 enact . registry law is within the
power to regulate the exercise OF the elective
franchise and preserve the purity OF the ballot.
il follows that an election held in disregard OF
the provisions Of . registry law, must be held
void"
In my opinion valid election is q necessary
prerequisite to the creation of valid municipal
corporation under the laws Of this state, and a
the election referred TO in the plaintiffs bill u
for the reasons l have stated Invalid. proceed
ings to complete the incorporation of the city OF
Anacortes ought to cease until the question
whether or not 10 assume the powers and bur.
dens of an incorporated city, under the laws OF
legally qualified electors thereof. In accord.
ance with this opinion the plaintiffs applica-
ton for temporary restraining order will be
granted.