The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-30
THE WATER roNDs VALID.
Supreme Court Decision I'm >tallcup
Case. From Tacoma.


OIvmpia. NOV % Special The SUI
prerne court has affirmed the Judgment in
the case of John &. Stallcup appellant.
vs. CITY Of Tacoma. respondent. Action
was brought by appellant against the
CITY 20 enioin Il from paying interest on
f-50 bonds Of the denomination Of N.@9
each issued by the city and delivered 20
Q - Wright and the Tacoma Light and
water Comuany in exchange for ccr-
tain water rlart The lower court sus-
talned the demurrer OF respondent and
the action was dismissed ana am appeal
taken Appellant assailed the validity ~
.Aa bonds first. because the election was
heII without registration. contrary % The
constitution second, because 'he argre-
eate amount at bonds authoriz.t was in
excess of the limit OF indeh'edness nNet
iy rho constitution This is The third
c1ee before the supreme court involving
this election the FIRST of which vas in
rtffufef prior 90 the time % holding t1e
election. FOR the purpose OF having the
ordinance providing for the election de-
cllrcl invalid. The second was instituted
subsequent - the election. but prior 70
th,. issuance of bonds 10 eni0in the city
from iseuIvC the same Regarding the
first objection raised by appellant. the SUI
prarrfs court declares that the contention
~ anprllart that no election foT the uur-
pose 20 issuing bonds can legally he held
a. a city or town - this state having
-,.,ssllssiar oC over 20 because Of fbe fail
,lre II the legislature - make provision
f.~ REGISTRATION IS nnt vrll founded. The
ras, differs widely from one where provi-
sion IS made for REGISTRATION and tha
r,r-fes neglect 70 comply. The court
frfrk5 the prohihfriun ~ the constitution
arairs. voting foes not apriy till after
a registration law has anen rfssed and
ta.. an additional reason AGAINST arpel-
80 .rr- 90.
~ tba constitution is thar II hy that Sec
rier registration is q s.re gua non 90 the
rf~ht n vata NJ an e'esfiou m this char
aetar The Same wouii lee tr'Ee ~ an ellen
tianS of whatever character. and sr-ord-
t~r 20 s-aeNant's position fhe conclusion
necessarily IS thai had tne legislature
Failed 10 pass a.v registration law IN
s,ras ~ making one applying % elections
sn- state ant county OF an election
~ any character in cities ~ Ss4 or over
v-..,1If have been legally impossible +
.rfs 4a fre correct view ~ tta -onztfrs.-
ttar ore uf.eat as we'll inquire bow. after
80 a4entfon ~ tne constitution an eler-
,ior vas possible z We were then without
rrrfsfra-fon law. The conc fsstau 90 tha
-e.rt IS tAat the r.Ert - vote in th.s
s-ata az any election rrsiEes fn those rne-
saSss~g the qu7}fHrleto-s p~escrlsa.5 1v
sa-tters J. article :. of tae constitution.
SflbSe-t 20 romrI'8rre with sHr- reason
able provisions REGARDING T"e l-tr8'IoG AS
che legislature may provide. Nlf mere
ragia-. - tra legislature g. max euea
r~ssfsiea. sogs ~. deprive -s-tfes qusU-
H..f fre-, exercising the ris-tjEe frau-
eAtse A. the question that the amount
ef bonds VAS s0 excess - tee legal im5,
vrss cansi aer-} a~1 passed uvou IN the
s.s.sr-g ra~e formerly brought t+fa-e rbis
~,s4~r. subsequent ta faN eltr-ioH raf te-
f,~e tae bonds were issued. iae sa1ras re-
Q Hi-~
49,, - sse hav tne vati l.tE ~ re-. bonds
a. ame.-fek ~ Era .lisZa-.1g taat th-
,r.-e r,4re~ 3efaul.s1 Win S.s ss - ~l-v
furss sar -aou}3 IRE co1lrt rea.re eo--
[srnfux tas motives 80 tae sotera ~ fn-
.-frrlng tals lRdeote4aess- I1ese bo11s