The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-07

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Section OF the sane act tsecsios :, 5ss
Let Hiiss. Co9ei has also been upheld ov
the supreme coaYt- The ccETs says set
ton Of the act authorizing school dis
trirts 10 issxss bonds provides for their fssu-
aaee upon majority vote IN their favor,
unless TIE proposed bonds will increase
the district indebtedness 20 a sun more
than IL Der cent. OF the taxable property
therein. when the ma 5or1ty must De three
fiffhs; hz. from gne gross amount OF the
bonds there may be deducted any out
standing Indebtedness 10 De redeemed
vita the proceeds OF the bonds The
complaint shows that - votes we're cast
in this instance in favor and ninety-nine
were against the bond Issue. There Was
therefore fhree-fffhs majority for the
bonds Against this showing 10 is alleged
tina: large number Of iIiegal votes we're
cast, te-wit: More than ten BY persons not
residents Of the district for The
we're rejected there would not be
thres-Efths remaining The court held
tins allegation 10 be insufficient because
the persons who voted IS alleged were not
named, but saws: Whether this be q
material error sif indeed, IL De an error at
all. which wesnaA not decidel will depend
on whether the exclusion OF ten votes
would have changed TIE result. The four
teenth allegation of the complaint was a.
follows: That IL tns bonds are issued by
said district IN the sum of s.. as the In
debte1nsss OF school district No. - will
be thereby increased TO an amount exceed
ing = Per cent. Of the taxable property OF
such school district. But IL appears that
out of the proceeds of the bonds $50 was
20 be devoted 20 paying outstanding in
debtedness Of the district. and II 10 not
stated whether when that sum has been
thus used the debt Of the district, iaclud-
Ing the bonds, viii be more than IL per
cent. The presumption IS that IL wiAl not
be. and therefore only majority vote was
necessary, and the rejection OF the ten IL
legal votes would not change the result
lI.uza1er vs.. Sergeant. Washington Re
ports, S8.
"In this case the court decided that
ten days notice Of the election was suf-
Ecient and that the registration of voters
bad no application 10 school elections.
I'VE have been particular in calling at
tention 20 the act OF 1890. and 10 the de-
cisIon Of the supreme court constituting
the same. allowing school districts to bor-
rov money and issue bonds; for the an
swer 10 the question propounded IS de-
terrnined by the question whether or not
bonded ndebtedness of $4,000 incurred
under that act, is to be counted in the l. 4
per cent limit or is 70 be excluded from
such computation.
THE history OF this 500. 600 bonded in
debtedness in brief is as follows: On June
=. lsfs0 the board of education determined
that the question whether the board OF
education OF the district might borrow
100000 and issue negotiable coupons
therefor. payable in nineteen years from
the first day of January, isgl, with inter-
est not TO exceed 10 per cent. per annum,
interest payable semi-anngal'y. for the
purpose of building schoolhoHses and pro-
viding the same with all necessary furni-
ture and apparatus. on block "a, in Mer-
GERS addition on block "a In l.. Pont.us'
addition: on block l., Renton addition,
and on block IL, Jackson street addition.
TO cost Tor each schooihouse, furniture
and apparatus the sum of so. 0Oo la all
$1,000. and for the purpose OF purchas-
ing not less than eight additional parcels
OF real estate. at suitable places IN said
district, for use as sites for other school
houses TO be thereafter erected, the sum
TO be expended in the purchase of sites
not 20 exceed in the aggregate $50 900,
should be submitted TO the voters OF said
district under the act of 1870. Such
election was thereupon called by the
board. to be held on the 2ith day of June,
issl. for the above purposes; the same was
held on June "a. 1890, more than twenty
days notice thereof having been given, and
the statutes governing said election hay-
ing been complied with in all respects. On
June n. irsl. the votes cast at such cleo
ton were canyassed by the hoard on the re-
turns made by the judges of such election,
aud il Was found that al said e,eciion It's
votes were cast. OF which number of votes
III voted 'Bonds-yes,' aud four voted
'Bonds-uo.' On ascertaining such result
the board OF education certified the result
OF said election TO the county treasurer
of King county, as required By said act
10 the emu that the bonds pro-
ylded in said resolution might be sold
as provided for by ssid act, and the pro-
ceeds applied as provided in said resold-
ton oi June >, is0. At the time said
proposition was approved by vote Of the
district the outstanding Indebtedness of
the district and the amount of bonds 70 be
issued exceeded IL per cent. of the tax
able property in said district. but fell far
short of the per cent. limit fixed by
article 8. section = of the constitution.
The debt OF the district exclusive of the
proposed bonds on the 2ith Of June. IsssD
being about s2t5, 900 and the last preceding
| assessment for city purposes being s2S, 0i5.-
-, making the = per cent. limit $500
-, ane by adding the proposed bonds the
indebtedness would be $4,000 an excess
over the | = per cent. limit of SIS. 537. The
constitutional limit oil . per cent. under
this assessment was 81 .aii ,sss6
TO authorize the issue OF the bonds
therefore. il required under the act of 1890
three-afths of the votes cas-; al such cleo
ton The total number of votes east at
such election was la; III voted Bonds
yes and four voted 'BOnds-no.' The
! bonds we're therefore ordered 10 be- issued
| by more than three Sflhs of the votes cast
| The bonds were thereafter issued and sold
ana the proceeds thereof, amounting to
! S9s sn Was placed in the hands OF the
| treasurer OF the district as required by law
| three-hfths Of the voters OF the district
! voting 81 an election held tor that purpose
| ia the manner provided BY law assented to
| this particular Indebtedness of $500 nna
| We have no hesitation, therefore. in
| saying that this SPA, 0sg1 of bonded indebt.
/ edness was authorized by \ three-nfths
( vote as provided by the constitution and
must he excluded from the indebtedness OF
/ The district When computing the Ia per
cent. limit. This Indebtedness of $40 coo
| Was created not by building sehoolhouses
| and purchasing sites but by she Issuance
/ of bonds. Mctcaife Va Seattle ist Wash.
| ing;oa Reports 9o
The purchasers 81 the bonds we're not
| required 10 see ihatihe funds realized from
/ their sale Sere USED for building the
/ school houses and purchasing sites As a
! matter OF fact the funds we're so used IL
/ however, there vas any surplus remaining
/ after erecting the buildings and purehas-
/ ing the sites contemplated. We think tile
/ tosrd had a right Ia use the same ia Iiau..
| dating any other debt Of the district
/ The debt of the district 80 the nreSa n,
! date. excluding the bonded aeot 81 ySsl
| un % June Ath, iSo Is about S4latsa
! The las; assessment fog csty purposes -
/ So, ksa - one ana one-half rer cent. Of
! thts satn - SosS, &sS leaving Si25 sSsi 10 he
! expended before tne enc and oae~haif per
/ cent ilio3g Is reached. The constitutional
/ limit %, prg cent. % the present assess,
/ fnent - 81 PHI sSSsl the total indebted ny<.
81 the District Is 500 so, Leaving 81 asit ~
/ 10 ee expended before the eonstgEu-