The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-19
SEATTLE SCHOOL TAX.
supreme Court Grants q Writ
to District No. l.
TACOMA CITY PRINTING CASE.
1885, ~ .rvening Call" Over Conn
=, ..clebs," News" and "Led-
.era-Klghts Of City Council.

o.,. yoy. ls.-ISpecial. IAN opinion
s.as.S down by the supreme court today
-. of CITY OF Seattle, School District
=, - - .n,ellspt vs. the Board OF County Com
-.s..so,>rs of King County ct al, respondents,
a,r~rrsur the superior court 70 allow the writ OF
ulsx.nus asked Tor. The opinion Ia as fol-
ioss:
ne purpose of this opinion was to obtain q
synctlon of the first clause Of section 30 OF
- scf of March rs, 1890, relating 10 common
tDs 10 n cites Of io.ooo or more Inhabitants.
RE clause reads: "The board OF educafion
hal annually, at meeting next preceding Inc
sunual tax levy for state and county purposes,
s.rsprt 10 the county commissioners an estimate
os the amount OF funds required Tor the sup
mort Of The schools, ETC., anu inc
county commissioners are hereby anlnorlzed
and required TO levy anu coiiscl saio aniouns
the same other tAxes
sccordsuce with the law on the subject, the
houndaries of the city OF Seattle were somewhat
enlarged on the LIST day OF june, 1871, ana tne
board of education have reported the amount OF
funds required, and requested that amount TO
be levied and collected upon the property IN the
district rs enlarged; but thee board OF commits
sloners declines to levy upon any property ex-
cept such as was wltnin tue CITY iiIniIs prior 70
the enlargement
mandamus was asked requiring the commits
sioners and other county officers to levy. ex-
tend and collect the tax, which the superior
Counsel furnished US with valuable briefs re-
Ia,lng 70 the matter of the assessment OF prop.
erty ier taxation, and the period for which the
sunusl levy of taxes is made: but with all defer
snce We cannot see wherein either matter has
bearing upon the question as to the duty OF the
odicers sought TO be controlled. The revenue
laws facts 1891. page $685. section 741 requires the
board Of county commissioners at its November
session In each year 70 levy a tax. Section 10,
OF the act OF March 26, 1880, requires the board
OF education TO hold monthly meetings.:
and section 90 requires the latter board at
It's meeting next preceding the annual tax
levy to fix the amount required for certain
school purposes, which the former board is re-
CURED 10 collect Now. the school district, by
the voluntary act of the people, both in the old
limits and In the ad ied territory, was enlarged
June /. and Immediately the school board and
funds of the district as enlarged were charged
with the maintenance of schools In the whole
district, and the remainder OF the county was
relieved therefrom. IMcGovern Va. Fairchild,
q Pac. Rep, H.
The funds for the schools should therefore be
raised from the whole district by equal taxa
ton. SO much would be conceded upon the
grounds of natural justice. But when to that
we add the plain direction of section 30 we
think there can be no room for question or con-
B.ruction.
When the assessment period commenced, or
where the boundaries of the district were then,
or when the money will be expended, cannot af-
feet the question of providing the funds.
The peremptory writ should be allowed, and IL
IL 20 ordered. T. l. STILES, j.
All eoaeur