The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-15
MY HAVE POWER.
& of Commissioners to Build
Almshouse Affirmed.
-n,eT ovERRuLEs oEMuRRERs.
..s.~tSrs VIII Vow Appeal 60 the On.
.rs.s coart-Ssv suits Filed
The BIosteg.

fc4Ee La1kisy fSstSfHay AnH1sa 1oNu
~-;tten opinion sustaining the demurrer
- ecunsy commissioners TO the CON-
sl.sxt In the aimshouse injunction case.
I 9. hold!ng 10 a fat statement that there
1 80 ~ar.tshie cause of action H. the CON-
- IF William Cochrane. A. c. Cove
4 xMD. Maddocks The demurrers did
- - sny issue upon the alleged frauds
!. q, construction OF the building, bet
-~re1y upcn the question Of the right OF
- commissioners TO construct II. This
az Judge Langley says they have.
The esse IL thus practically won by the
1smnsssione.s. since the right to amend
n,sn ID but On empty consolation and
- rot be taken advantage OF. The case
siI.. probably go 10 the supreme court on
seessi. The decision IL ~ follows:
The points raised by these demurrers
- Of sufficient magnitude and public i'm
,ortsnse 10 have challenged the best
sxsyts of learned counsel and should COM
nod the careful consideration of the
nurs. The demurrers present only an
/ beps Of law, and virtually say, rhough
| erssy material sverment Of the complaint
. 4 confessed, yet in law plaintiffs cannot
roceed TO Judgment. The Law, though
~ written in the complaint, il IN fact a
M Of It. and without IL plaintiffs conld
ksve no cause Of action that defendants
sould be required to answer.
.Ths real controversy here IS against
H. commissioners of King county, whom
he complaint charges With having acted
tsyond the scope of their Iawfui powers in
Extracting for the construction OF an
almshonse, now well advanced toward
eomplesion. on the county farm OF King
e5nnty having no surplus fund in the
tysssury or special tax authorized by q
soss of the people for that purpose Ali
oshsr defendants are made parties Incl
dsasalIy and for the purpose Of the injunc-
i've relief prayed for. The complaint no.
uhere charges fraud and COLLISION of the
dsisndants, or corrupt motives or pur-
poses on the part Of all or any of them.
bot that the supposed unlawful acts Of the
commissioners were know 10 all the de-
jsodsnts. and that by reason Of the prem
~ the county OF King. these plaintiffs
nd those In whose behalf they sue are
blurred and damnihed.
Counsel do not materially differ 40 TO
Ne powers of boards OF county commits
sioners. organized as they now are aud for
many years have been under our state and
triiorial system; that ~ public officers
disgislatiys creation they can only act
within sne scope Of the Law defining their
powers and duties, bat subject to that
nnltation they have such discretionary
powers as may be necessary TO enable
hem TO execute the legislative will, and
skss while in tie exercise of o lawful dis
eetion and FREQ from fraud and wrong,
tourts have 10 power TO direct or restrain
hair actions. So elementary are these
dispositions that counsel do not contend
essT them.
County commissioners In this state are
potent factors in the administration OF
soanty affairs. They are the agents and
rpository of power in most matters that
xria!n TO county business and county
psernment. Many subjects fall within
shsr exclusive Jurisdiction and control in
waving duties that in their very nature
nnnot be minutely specified by statutes.
ns performance OF these are necessarily
largely to individual judgment and
1Icai discretion.
Commissioners may even 60 wrong In
t1gment or act unwisely whom tested by
- opinions Of others, vet who shall de-
Rnine which 10 the sounder judgment or
tAlngs with these matters, but leave
iAsm where the Law has placed them
Only shen their bad judgment or unwis-
ION carries them to the extent OF vfoiat-
iAg the law, or TO the commission of fraud
p1he injury OF the public or OF isdivldu-
a. will the courts fnterpose to stay their
ksnds.
with these general propositions in
vtw let US see whether the commissioners
proceeded unlawiugly IN the matter OF con-
ifsctlng for the construction of the aims
house IN question, there being no surplus
'ands, anu no vote tor special tax, Tor
lpon this determination the whole case
depends. From our earliest territorial his
tary the poor and help ess members of
te<iety have been under the specisi guar
danship OF the county commissioners.
An act relating TO the support of the
poor, passed IN 1854 by the First territorial
legislature. provided by section /: That
the boards of county commissioners of tbs
evefas counties OF the territory are hereby
fssted with entire and exclusive superin-
ssadencs of the poor in their respective
counties This section has never been re-
rsaied and only slightly modified In
pafsseology by subsequent legislation.
~ The tenth section of the same act
the boards OF county commission
ere were empowered. ia their jadg-
aens 10 build warehouses for the accom-
hoaatlon aud employment OF such per-
soas - might become a county charge. IL
conceded thas workhoass as used in
iats section bears practically the same
meaning a. poorhouse. asmshouse or
eeaniy hospital metioaed in subsequent
natntes and the pleadings in this action.
ihe entire act Of 1851 was re-enaeted in
NY At pages Si5-s. laws of 1858.
At The same session aud only SIX days
aAsef TIE legs allure by section 10 OF an
st TREATING the board of county COM
msssioners and defining their duties,
saefted practically she language of sec
zoo OF The act 81 iSS4. and oy section -.
provided that when IN the opinion Of the
.at
ssi requires courthouse, Jai. or other
eosatY Building, they shall estsmats the
sess thereof aud submit the same 10 the
Nopss Of thelr county a. the next annual
stssion, etc. Section y uf the same act
lNtaasis the coh nsssioners TO erect such
saAaings from the surplus funds III the
useaTf. These two acts of ISIS. with
s'nssent titles, treating almost entirely OF
a'asfeat subjects. and the later not pur-
getuag to repeal the former. continued 10
wtse law Until 1853, aud during that
lsfsoi aa saolined 10 the opinion the
sosatalssioaers could have adopted either
.Esaod o. supplying means to erect an
~asao1se and they would have acted
sasssA TIE 'ihtt 81 their poweSs. BY the
- q istss. sections 20 - aud . before
seeaoacd Sere ge-eaaSted aud ali con-
-s.isg laws repealed.
u doubts have ex sied as 20 the inten-
s 49, oi the legislature by it's conarreut
- % isS As To the means for erecting
assaeases. thew we're psohabiy aispsllcd
= Sc aei ei iss9. unless an almshoase -
regarded So not within tas class oi
y. .-sasagS intended by sections - . o. the
bSAisviug sgch Stgucturws tall within
s-'S->sane@tson mentioned, ! am OF tae
s.Asea that the set Of iss9 look from the
sss..A1ss'oner> me power - bas!d an aims
eteep, from surplus funds, without
80 submitting ar estimate of The cost
Proposition "a !evy a special tax for
- safpose 10 shs public.
va oe noticed that sections ? and
ne act % lS9 became sections 2oo3
~ ssect 81 the code OF 1881. and secgion
- sos eMe |, 81 Hlu's code. Of 1891. While