The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1893-11-09


as part OF the special act into which it
was incorporated.
The principal established by these
cases is undoubtedly sound, and We know
OF no authority to the contrary, but in
our opinion il is not decisive II the ques-
ton raised by this appeal as above sug-
gested. In those cases the act or sections
Of the general law were expressly referred
to as much, while 10 the case at bar there
Is no such express reference to any par
ocular act or section.
BY this act of Incorporation it was pro-
vided only that certain things in connec-
ton with the levy and collection OF taxes
should be done in accordance with the
provisions OF the law now in force, or
words to that effect. But In none OF the
references thus made was there any spe-
cial act, section or provision OF tbs general
law set out or indicated. And taking all
OF such references and constituting them
together We feel compelled to hold that
the legislature thereby intended simply
to provide that such acts should be done
in accordance with the provisions Of the
general law in force at the time OF the
doing thereof. In fact II we take into
consideration all OF the expressions bear
ing upon the subject 1t seem to Us that
such an intention on the part OF the legis-
lature sufficiently appears. And when
we further take into consideration the fact
that one OF the main objects OF providing
that these acts should be done in accord
ance with the provisions OF the general
law. excepting so far as modified by the
express provisions Of the act of incorpora-
ton, was 30 far as possible to procure a
uniform system applicable to all oil the
cities thus specially Incorporated, such in
tention becomes so manifest that there Is
no escape taerefrom. Any other construc-
ton would destroy such uniformity as
between the different cities of the state
without any reason whatever. Ii the
provisions OF any general law could prop
erly be made applicable to one city they
could probably as well be made applica-
BILE to all cities similarly situated, and II
the general Law in force at the time OF the
passa 70 of the special act WAS OF such
nature that the acts OF the city could
properly be governed thereby, II would
follow almost as q matter OF course that
another general act upon the same subject
matter and relating to the performance of
the same duties could as well as be made
applicable thereto.
In our opinion, then. the references
contained in the act of Incorporation of
said appellant must be taken to be to the
general law in force at the tine the tax
was levied instead OF to that in force at
the time OF Incorporation. And such be-
ing the conclusion OF the lower court the
judgment rendered thereon must be af-
tirmed. HoyT, j.
We concur: Scott, j., Anders, j.,
Stiles, j.
Any man OF ordinary discernment will
see at a glance that the charter passed
through the supreme court crucible with
out a scratch. More space is unnecessary
for discussion Of that point.
Following is the section in the city
charter out of which few-very few,
fortunately trying to create booium
on which to build sensation composed
wholly OF fiction. Read it carefully and
refer again to existing general revenue
laws OF the state. In support of the point
you find you have the supreme courts
decision, printed above.
SEC. 81. The treasurer is receiver of nil
| taxes, and must receive and keep all
money that shall come to the city by tax
alton or otherwise, and pay out the same
upon the warrant OF the mayor and clerk,
and perform the duties as TO city taxes
prescribed by existing law for the govern
ment of the county treasurer as to county
| taxes: Provided, When taxes become
| delinquent, he shall turn over a list of the
same to the city marshal for collection.
Section % of chapter under the cap
ton Of "Powers of Corporations" in the
general laws of the state, which declares
what our city may do in requirement
| and maintenance Of its most vital inter
est, reads as follows:
SEC. %. The city OF North Yakima
| shall have power to acquire by purchase
or otherwise water bitches for irrigation,
domestic or other purposes, and may
acquire title to all bitches now constructed
within the corporate limits OF said city,
and the same when so acquired are to be
held forever by said city for the inhabi-
tants OF said city for their use for such
purposes, said city 10 regulate and control
the use thereof, and said city may acquire
by purchase or otherwise a sufficient
quantity OF water and convey the same
in said bitches for any or all OF such pur-
poses.
The nature Of the provision made by
the state statute in forming the character
of city charters OF the third class, in which
water rights may constitute an important
feature. declares that they "may esiab-
lish drains and sewers" etc. but il
makes no provision for the requirement
Of such magnificent water privileges as
we now enjoy on perpetual right. But
it makes exactly the same provision to
regulate the assessment and collection OF
taxes. What, then, is the advantage Of
another charter, no matter what its char
acter? Seeing that 1t must conform to
the same general laws of the state, will
any intelligent citizen afford ground for
suspicion that he is SO supplemented as
to believe that improvement in that essen
tial particular is possible without the aid
OF legislative cooperation? II is an insult
to the intelligence Of the community to
assume that sensational fiction will mis-.
lead any one.
Our reporter made no special effort to
obtain individual opinions on the sub
iect, but few were caught on the hy:
Captain Fred r. Reed; 81 voted against
reorganization before, because deemed
it wholly unnecessary. would vote
against it again for the SAME reason, were
it proposed"
II. ]. Sniyely: 1.-THE decision of the