The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-19

Legal optnfea en- RRyment OF Wste
Rates fer PuaISe srhoass.

Legal optnfea en- Payment Of water
Rates fer PusIse s<hosss.
The beard Of exiEca lion Of school dis
trsef No. ! yesterday addressed 70 TIE
board OF aldermen and house Of delegates
q communication with which il transmits
tina opinion Of White a Munday. tie a.
t0rneys fo~ fhe beard, thai fre city -
boznd under tie constitution 20 accept
warrants n payment OF the water tax OF
TIE pnblte schools. and that. SO far as =
conflicts With this provision Of the consis-
fEticn- the city ordinances IS invalid and
needs arnefinent
The question earne Up IN regard 90 two
warrants for sIe5 and $i92-s5. respectively.
which Superintendent z. IL Cailigan. Of
the water department. informed the school
board on October IL he could not accept N
payment OF water tar, a. the corporation
counsel advised him that under the ordi-
nance he could only accept cash, or what
would be the equivalent OF cash at the
time of payment Mr.. Califgan subse-
qusatiy notified the board Of his intention
70 turn OF the water from the schools. ac-
cording 10 the rnles laid down in the
ordinances. The board then referred the
matter 10 its attorneys, who have nov
given their opinion.
This opinion begins by qcoting the pro-
visions OF the school Law for the payment
Of money ous of the school fund by the
county treasurer, as ex oficio treasurer,
only upon warrants signed by the presi-
dent or 3 majority OF the board and eoun-
ter-signed by the secretary, and declares
that there 10 no other way OF paying for
the water. Rule 3 of city ordinance 2.6o4
Is then quoted, providing that water rates
shall be charged against the property on
which the water is furnished and against
the owner, and that In case Of delinquency
IL shall be eui OIL The attorneys then say
that while the constitution exempts the
property OF school districts and other mu-
nicipal corporations from taxation. water
rates are not strictly a tax within the
meaning Of the constitution and the city
probably has right 70 collect them from
the school district. yet il must collect
them rs other debts are collected from the
district and receive its pay in the same
way, viz. by warrant drawn IS described.
Ths opinion concludes:
t'The letter of Mr.. Calligan states that
the matter has been submitted to Corpors-
ton Counsel Donworth. We do not be-
lieve. however, that Mr.. Donworth's at
tention has been called to the Law
governing the district ana the manner In
which the district is required to pay its
debts.
I'VE do not believe that the city would
have the right TO shut of the water if you
tender warrant for the amount due for
water rates, but there should be no conflict
between the city and the school district
over so trivial a matter.
THE school district is a public corpora
ton, created for q public purpose. and the
city IS likewise public corporation,
created for other public purposes. Both
are carried on by taxes levied upon the
same property and people. We think, ii
this matter was called TO the attention of
the board of public works, they would
willingly recommend an amendment 10
rule p. so that the same might harmonizs
with the school law, and authorize the
city treasurer TO receive warrants for the
water rates for the public Schools"
The school board asks the city council
to make the amendments suggested.