The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-10

white q Munday still Further Uphold
the school Boards Action.
supplementary opinion Of White &
M1nday. attorneys for the school board.
vas rendered last evening st special
meeting OF the board. still further cover
ing the question Of legal indebtedness Of
the district The opinion Is as follows:
'sSince writing the foregoing opinion it
has been suggested that our conclusions
are erroneous. because the election OF
June "a 1880. only authorized the amount
IN excess OF the II per cent. limit a. that
date. to-wit, $54 763 The constitution
provides that the school district may be-
come indebted for any purpose exceeding
the a per cent limit 4 specific PROPOSE
ton was submitted 10 the voters; thew
voted for the whole issue of the $90Q, 900
bonds for this purpose; three-hiths of the
voters authorized the entire issue of the
$40 900 bonds, and did not simply validate
the excess Of Indebtedness over the II, yer
cent. limit. In other words. tnree-a this
OF the voters of the district assented 70 q
bonded debt o. 500, 600 rs one single thing
for a specific purpose, and did not simply
validate the excess OF S4. a63 OF such
sum over the II per cent. limit The
constitution does not authorize the issu-
ance OF bonds. 1t simply limited the in
debtednes5, aud the statute law in certain
contingencies authorizes the issuance of
bonds. The issuance OF bonds Is wholly
regulated and authorised By statute law.
The issuance of the bonds created the in
debtedness. Was II deat of $5i. 76S or q
debt of $500 00U that was assented TO by a
three-aiths vote and created by the issu-
ance of the oonds7 If there had not been
three-fittns vote on the proposition suo-
mitted TO vote, but simple majority,
could bonds have been issued for $l45 23T,
so As 10 exhaust the n per cent. iimgt?
We answer no, hecauss the law says sec
ton 1858. LIST Hills code): IF the amount
OF the bonds 10 oe issued. together With the
outstanding indebtedness of the district
not TO be redeemed with the proceeds of
said issue OF bonds exceeds IA per cent of
the taxable property in said district, then
three-nfths OF the votes cast at such cleo
ton must be bonds yes. before the board
of directors are authorized to issue said
bonds No outstanding indebtedness OF
the district was TO be redeemed with the
S2D0,O 900. 1t was new debt created by the
issuance of the bonds and authorized by a
three-fif:hs vote. Unless there was a
three-tifths vote no bonded Indebtedness
was authorized TO be created at all. There
having been q tbree-fiitns vote then the
500. 900 was the Indebtedness assented TO
by three-hfths vote ami created by the
issuance or bonds to that amount, and the
a part of in, the whole of il must De ex-
Guided in computing the IL per cent.
limit because il is a certain ana particular
debt in excess of that limit assented
TO by three-iifths of the voters OF the
district as required by the constitution.
such assent beng evidenced in the man.
ner pointed out by statute law in entire
harmony with the constitution. The error
in reaching a contrary conclusion arises
from assuming that the three-hfths vote
was necessary for the purpose OF author
| ling the excess of the noaiing indebted
ness and the proposed bonds ABOVE the I n
| per cent. limis The three-Gfths vote I'M
| der the plain letter of the law must au-
| thorize the whole issue before the board
was authorized to issue any bonds. How
| can il be sad then that the three-fifths
/ vote was only necessary 10 validate the ex-
! cess of the Ia per cent. limit? We still
unhesitating Y say that you have not con-
| tracted Indebtedness for the district in
| violation of the constitution, and that be-
| fore reaching the y per cent. limit you
may contract on tHe present assessment a
debt OF about $l23, $50. and that in com
/ putting the l n per cent limit the 500, 600
| bonded debt must be excluded, because
| that entire debt was assented by three
/ fltths OF the voters voting st an election
held for that purpose in the manner pro
| ylded by law ~