The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-07
THE DEBT IS LEGAL.
Seattle School Board Has Not
Exceeded the Limit
rnaEE-F,FrHs wore FOR BONDS.
Assorpev. for the schesf Beard Fur
nfsn an InpsrsaHt Legal
Opinfoa.

The ryexeDf Indebtedness 81 the Seafte
srhooi District has been made the sap1ect
Of controversy. and at the request OF sse
school board White d Aunday, attorneys
for tse board, have furnished sn opinion
q. 10 the Legality Of the present Indsbssd-
ness. The OPINION Is as follows, and holds
that tie Indebtedness has not been con-
srscted in violation Of the constitution:
sIuasmneh as IL has been reported that
your board has contracted andeb.ednsss
Tor the school district in violation o. sec
tson &, article Of the state Constitution,
and a. such q report has a tendency 20
impair the vslne OF warrants draxn by
yo1 upon the county treasurer in the pay
yuent of teachers salaries and the or5i
NARY expenses OF the district. and - such
reports are persistently given currency oy
persons engaged IN purchasing such var
rants, Won desire our opinion touching
this important question. We nave given
the matter most careful consideration.
and have examined. IS we believe. every
decision Of the supreme court OF the state
bearing directly or indirectly upon the
subject.
Section 6. article Of the constitution
Of the state OF Washington. reads:
"sxo county esty, tosn, school district. or
other municipal corporation shsli TOT any par-
pose become indebted in ans manner 10 a.
amount e1csediag III Per eentuEn Of the ts1s-
bic properxy tn suen county. city. town, school
district or other municipsi corporation. without
the assent of three aisns ef the v0tefs therein
voting at an election 90 10 held tor that pGF-
rsose. nor tn eases requiring such assent shall
The total indebtedness Al any time exceed psr
sentt.r1 on tbs value OF the tsxsbts property
therein 70 Dc a.oeftasned By tic last ssssss
Ynant for state ana county purposes previous 70
the iucurrsng Of suen liz 1eGtedaess. except that
in Incorporated cities the sssessTReps snail -
tasea from the last assessment Tor city purposes
provided, that no part ol the Indebtedness al
lowed ia this section shall be incurred Tor any
purpose other than strictly county, city. fosn,
scneoi district or other municipal purposes.
provided. further. that any city or iowa, with
such assent. may be allowed 20 bseoEae IN
deDsed 20 q larger amount. bat not exeeeding
per centnm additional, for supplying such city
OF town with water. artificial iizht and sewers.
when the works for supplying such water. light
and sewers shall 10 owned aud controsisd by
the municipality.
This provision of the constitution "a TO
the amount of the Indebtedness which
Ynay be legally incurred by the district is a
Limitation upon the powers thereof and
not q grant Of the right TO incur the in
debtedness. Without this provision OF the
constitution It would have been eompe-
tent for the district under legislative au-
shority 10 have incurred any amount Of
indebtedness for the purpose OF carrying
on common schools In the district. Ii will
he presumed in the absence of n showing
10 the contrary that the district in incur.
ring any Indebtedness acted properly.
IChiids vs.. Anaeortes, 5 Washington Re
ports, 454.
.'When The power 10 become indebted is
apparent courts are liberal in their con
struction of statutes and constitutional
provisions couched in general language,
so long as the purpose for which indebted
ness is created is clearly seen To he within
the purposes for which the district was
created. fesIer VS.. Seattle, I Washing
ton Reports, Sis
The Indebtedness contemplated by the
constitution Is the whole amount OF the
lawfully contracted Indebtedness of the
district without any regard To the time
when 10 vas contracted, aud includes the
debt contracted by the district prior to the
adoption OF the constitution and the al :
mission OF the state, as well as that since
contracted. Rehmke vs.. Goodwin. wash
iugton Reports, CTS.
"The section OF the constitution under
consideration clearly authorizes the dis
trict 20 become indebted for district pur-
poses to an amount exceeding IL per
centum OF the taxable property in the dis
trici. with the assent OF three-iifths of the
voters therein, at an election TO be held
for that purpose, so long as the total in
dehtedness Of the district shall not exceed
per eentum on the value OF the taxable
property therein. The constitution does
rot provide for the manner of holding such
election. That was left TO be regulated By
legislative enactment Accordingly. in
iSs1 the legislature flaws of Washington,
i,sto, pages % to So. under statute ana
It's amendments, entitled An act allowing
school districts 10 borrow money and issue
bonds for the building and furnishing of
school houses, 10 permit the funding OF
school district bonds heretofora or here
after 10 be issued. Iegalixiug the same and
declaring an emergency tsee sec. =, .9T-
.,6'>, Isl Hil.'s Codel provides;
ssee a69T The beard OF director. az suy
seheei district in ihls stats msy borrow money
aNd Issue n@kettsale coupon bonds therefor TO
sa anaanE not 10 exceed per cent oi tAe tax.
able property Ia such district, ss shown by the
last assessment sa.I iof county aud state par
gsssss ffoF tdsi, thzt ia Incorporated cities the
assessment snslg he taken frofn the last as=ass.
meat tor e8tF purposes. Ter thu purpose Of fund
Ing outstanding iaaehsednsss. or bonds hereto
Enfe ISSUED o. issued under the provisions
u{ shis aet, 90 iar tho purchase Of school hotl>s
s1te oF siies, eaitding tsua providlnea oae or
niofa scBoci houses, aHd psovidiag tua same
With al necessary furniture and apparatus OF
for sny OF al at tnsss purposes. when Aithor.
tEst hv vote OF the district 10 do a. Fsrpyiss.t
ga s9ctiel 2,e~ OF this volume of General STAT
atesi gFoySsisd tufsher that the bombs go issue.
s6aii bsaf rats % interest cot Ia exceed Ia fsr
cent psr anhum. interest payable aanuz{ls az
semi snnnsiiy. payable and sadesmahle At saeh
ttuse 50 msy - designatsa in the bonds bal
not 10 exceed twcaiy years from the date OF
.sue.
SEC aeeS The question whether boaa. .hall
h ts>llsd as provided IA the next pF~esssit 2r
section eft tals chapter. shall he Determined :,
aa election - b. held ia the faanApr prpNerl ses,
~ law zoe n@3asag special seheei eleesgaas
Motives taaF@Eor EAsN state amount og hauas
proposed 20 be issued. tga they are - pan sd
1srpu~e iof whleA money - re used Ths
ballot, mast eontsia tae words 'Ronsss 81
'HNHdk -na-' II majority Of the votes eat
such election are 'tsonas-yss' Gha hsazfss az "a.
rerters must issue such bonds. provided. tha.
~ tae amount OK bonds 20 hs Issued. together
with any outstanding Indebtedness. Of the 81.
iriet not - ne redeemed With ths ptoceod. OF
sa1 issns 81 bonds, exceeds IA per cent Of ths
taxable property IN saa district, then three,
aitAs OF The votes css; al sgcA elSesiou gaa.t -
Hnnas ycs'' hegore the board 81 Afsoctar. as
aHt6cri ssd IN issue sad bonds Tho osiadssasEl
Re 10 such iufm As ths hoard Of directors nav
prescribe. and shall. villa the eou pvns. De xaa'
~ the hosfa - directors and eogatefr!gaea by
thr clerk 81 The school district
ia Is evident shat the law last cited
vas enacted Ia view of the provisions oi
section e. article :. Of the constitution and
10 enable school districts 70 exceed
the tts per ceut limit ~ ludchtedness IL i,
fJcVctu prov i8si that the bonds may ID
issued tn fana outstanding indebted ness
or bonds astore tss0e1 under the Aef "a,
bonds may ~ issued for the purchase al
school hoasC sites, building and rrov:atur
one or more school houses. aud yrovt4lt,r
the same Win al necessary faraiEare ap1
apparatus. og for any or al II these r,er
poses Ii - clear that under thlS AZ,
bonds may eo authorized and issued f,i
any one purpose mentioned therein. 81
the Indebtedness Of the district nas to b,
redeemed ~ath the proceeds ~ tae bonds
ard the amount o. tAe bonds 20 - ixs1le-
t9r me designated parross encoe1,
~ per ceaL 10 the taxah,s
VEaueFty in the district. then
thrce-fflhs e the votes east IS such ss~s
t2ca m0st e ia favor 81 Aaads. before ths
eAaSd Is 48ther sed IL lzsae thesn. So
tim aArtl ~ he lAm CID - h....F, 49,.