The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-15

IL Unly m &C, OF the leglsla-
fure could do that.
is - " came down to rs through the
cocss and - fo1ad written In section 2s4
% niAs code. before mentioned. xas the
az on TIE subject Of building aimshouses,
anu - yes the law unless modified or seb-
ssalussa ~ later enacsnsnts. What. then,
VS. tns state Of the iaw under which these
commissioners proceeded
section 8, article VIII, of the cons,i-
tatlo1 reads: No county .
saais Tor any purpose become indebted in
any manner 70 an amount exceeding TX
per cenfusn OF the TAXABLE property IN sueh
county without the consent
o. thres-niths Of the voters therein vot-
ing a. an election 20 be held for that pur-
pose, nor IN cases requiring s1ch assent
saai tne total Indebtedness at any time
e1cee1 81 per centum on the vaiue Of the
ta1so.s property therein, 20 be ascer-
.ainea ey the last assessment for state
aad county purposes previous TO the in
CUR ny Of sgcs indebtednes.'
!, lhIs restrictive provision reads ~
tnough directly addressed 20 COUNTIES and
osfier corporate bodies named. yet as ali
taese Dod IS derive ~hasever powers they
nay sAwfO lly exercise from the legislature
!, IA effect limits that body 70 grants Of
authority 10 counties, etc. 20 the ex-
pressed restriction. IL would still re-
main with the legislature 10 lower this
hmis u II chose 70 do 30. bur could never
enlarge II beyond the constitutional in
hinition.
AT the 6rst session following the adop-
ton OF the constitution the legislature aa-
tnoSized counties by and through their
county commissioners to contract !ndebt-
edness Tor general county purposes in any
manner when they deem IL advisable not
sxceeding an amount, together with exist
ing indebtedness Of sucn county. OF IL
per eensGm. etc. Laws $780, page 81
'Other provisions of the aet relate to
contracting an indebtedness beyond the
amount mentioned in section 1. and not
exceeding per ceuturn. upon being au-
thorized by vote of the people, 10 evil
dence which the commissioners may issue
county bonds, etc. IL is conceded by
counsel thai the Indebtedness for the fiscal
year 1888, including the cost of the aims
house. sill not reach the IL per cent
limit. Now. IL this act il in force can Sec
ton 2s4 of Hills code also be in force at
the same time-can they consistently
stand toeether7 The code allows the COM
nissioners TO touch only the surplus, and
not dollar Of Indebtedness can 30 con-
tracted by them above such surplus until
they have taken counsel OF the people.
BY the new act the commissioners are not
limited TO any surplus and only 90 TO the
voters when they propose TO contract be-
yond the ultimate reach of their general
fund. BY the new system the surplus has
been substituted by the margin existing
between the actual current liability of the
county and the amount with which the
county may be charged BY the commits
sloners.
Clearly the act of 1890 30 far eularges
the powers of the commissioners in this
behalf a. 10 effect Q repeal of section 2si Of
the code. True this repeal 10 only by i'm
plication and not readily favored by law,
but the two provisions are so obviously
out Of harmony each with the other that
both cannot have force. and the latter act
must obtain. In further proof of the diverse
character OF the acts in question we find
that instead of the com M ssioners making
an estimate as the basis of . proposition
for special tax to be voted by msjority
as required by the code. the law Of 1880 re-
qGires three-6fths vote, the Indebtedness
TO be evidenced by bonds, and preseribes
proceedings so manifesfiy at variance with
the code as to make the conclusion
irresistible that the legislature intended
10 do away with the old system altoge her.
eff this view OF the law of 1890 is correct.
IL would be an act of useless expense. il
not gratuitous folly, to submit the Ques-
ton Of expenditures already In the power
Of the commissioners TO make TO the de-
cision OF an election. No such election
would be Law full, could bind any person or
excuse the commissioners from the per-
Torrance Of their duties under the Law.
Cooley on Taxation. page 24s; Dillon on
Municipal Corporations. section 1873
AN matters IN the complaint relating
10 supposed notifications OF the contract.
altering plans, etc. unless charged with
fraudulent purpose must follow this hold
ing on the principal question OF lawful au-
thorlty In the commissioners. III as agents
OF the county In the exercise Of their judg
nent the commissioners had power TO
consider and adopt plans for building in
all of its parts. they surely had power to
modify those plans in their several parts,
as their udgmsuts might dictate, and III
such notifications and alterations made
the work cost more or less than the con-
tract price. they might exercise practi-
cally the same power and discretion that
an individual. acting Tor himself, would
have under like circumstances.
81 discover nothing in Abe complaint
that may be tried in equity except the
single question whether the commission
ers acted lawfully, upon which an afiirma-
tive finding disposes of the issues made by
the demurrer. and unless the complaint
can be so amended as TO charge soms new
ground for edaitabse relief the whole ac-
ton must fail. The several demurrers are
sustained"
Greene & Turner. tho attorneys for the
plaintiffs, said yesterday that tho only
question at Issue was decided adversely to
their clients. and that the complaint could
not he amended. although leave has been
granted.
"The Judge has given US until Saturday
to decide hat course we Will take, said
Judge Greene, land the restraining order
will continue IN force till then. We will
probably see that our complaint is correct
in ali particulars and then take an appeal
from the decision on the demurrers. We
have not had time to examine the decision
closely aud cannot lie certain of our
course"