The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-09
NOT TO ENFORCE 1T.
PROSECUTING ATTORNEYS OPINION
ON TOWNSHIP ORGANIZATION.
Deputy Wiltshire Advises the County
Com mfssfeners That the Matter
sho1id BE Treated ~ Though the
aaestfon Had Failed to Receive
the Required Nunser OF Votes to
Secure Its Approval

TIE board Of county commissioners has
o1eA ADVISED 70 treat the question 81
township organization Just as Il IL had
not received rne requisite number Of votes
a the recent election The board al
previous meeting. mad instructed Auditor
DSA@n 10 communicate with the prose-
eat-Ag attorney and request him 20 rem
aef an opinion on the matter which vas
complied VITA. Deputy Wiltshire submit
elas me osiaion. Ta!cn. Ia full, Is as fol-
lows.
me iet1er OF Auditor Benan, written
= su-1 request. desiring xas opinion Of
sz4ls Office whether me question az tna
z0eetion d township organAzatfor sub
fIa4essd 70 the voters OF this county al the
s7Ss HAsfal s.Se1lon vas decided affirma-
AssAs or negatively. ana ADVICE as to
h2e.aer or moi you had better take steps
received.
As appears from the official returns O.
sai1 election. this propos4gioa received q
majority OF The votes OF the electors vot-
us "a the proposition. bGl dia not receive
: majority Of the votes cast at said cleo
Whether the proposition was approved
or oisa plsorsed ts question which Is not
trss from doubt ana one which, IN my
JaugmenS. cannot be definitely and GER
taiIa4y Ansx ered except by a judicial de-
teFLlna lion
:, 'sec1son 4. srtfcle H.. OF the consti,u-
sloA, relating 70 the subject. is as fol-
lows. The Legislature shall ESTABLISH a
system OF county government which shall
De uniform throughout the state. aad by
general laws shah provide for township
- - asailaza tFon, under which any county
may Organize whenever a majority Of the
q0AiiFled electors Of such county voting
al > general election shall so determine
anu whenever county snail adopt town
snip organiza lion. the assessment and
collection Of revenue shall be mace. ard
TIE business Of such county. and the local
aHAirs OF the several townships therein
snail be managed and transacted IN the
manner prescribed by such general law
There are certain general and we'll
recognized rules Of law 10y which 10 de-
tefnains. generally, wnen a proposition is
carried by a sjoTity vote, some Of wafck
favor the Affirmative OF the question you
present. as, tor example, the rule that
the words a majority OF the voters or
'two-rnirds OF the qualified voters OF
certain district, or similar words In a
statutory or constitutional provision as TO
an election mean a majority, or two
thirds. as the case may be, Of those actu-
ally voting. and do not require majority
OK all VINO might have voted.
Still. as applied 70 the case under con-
ssdera ton. this rule seems rather TO con-
template case where but an entire
proposition is presented for determination
AZ such election, and not designed to be
the lnfiexiole criterion where many ques-
lions are presented for determination at
suca election, some of which do NOT re-
-
Of the electors voting rhereat.
1T VIII be observed that the language
Of the constitution Is unambiguous and
in such case the true rule Is to apply 10
the words used their plain meaning In
the ordinary and common acceptation.
technically the same question as r.
here presented was decided by the SUI
prsme court Of Nebraska in ISL. under
constitutional provisions in that state
couched In the same language as Is en-
ployed in our constitution.
1T was there held that TO adopt the
township organization It requires a ma
tcrity OF all the voters Of the county vot-
Ing al the general election AT which the
question is submitted
1T Is probable our supreme court would
adopt this construction or this constitu-
tional provision.
Whatever may be the final judicial de-
termination OF this question. great con-
fusion and complication In the assessment
and collection OF revenues and In the
business Of the county would probably re-