The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-02-15
SCHOOLS TO REOPEN.
Tacoma Much Benefited by a
Supreme Court Decision.
TEACHERS TO GET THEIR WAGES
The Recent Valuation Election was
Regular and the school War
rants Are Valid.

TAcsna4 FEB s-S9ecsaT--An the
teachers n Tacoma wfso have heard Of TIRE
supreme courz 5ec4ssau SUSTAINING Judge
Esrstehar1'S aecssson a-s 10 TIE legally OF
fne Tecs9st valssaescn election are over
fayssI TONIGHT TEey vii - pad lack
wages earsse=1 frgzn ssg7eza1ser ~ 10 Deee1a-
teg J. ard TIE schools an reopen M0n8ay.
TIE school baars5 viii meet xouorrew after
Bo-gn 70 arrange Tor re0peFzus and elect
asTeotoy 20 take Oiiver's place.
Olympia. Feb "a -SE@cial The s5Tprs nse
cogrt affirmed th@ judgment in the 49, q
the Holmes q Bail Furniture Company.
respondent. -. Jsa1 2 Hedges. treasurer
81 Pierce county. aagssilazt proceeding
Instituted 70 compel fhe treasurer 10 pay
school warrant ~ school cis1ricf Ne -.
or 20 make the usual Endorsement thsrson-
The appsicatiun for the writ shows that ~
the time Of the creation % the Debt Fe3re-
scented BY the warrant TIRE aforesaid as
trset was In debt largely In excess Of ire
IL per cent. iirnst. also that a proposition
for legalszing the debt had been submitted
% the voters ard received the repaired
thres-afths vote in favor. The objections
made b. the appellant are. First. that the
constitutional Froy1sion Is not self-execut-
Ing. and that i Is necessary that me iegts-
Iatlgre SHOULD assent 70 the holding OF s4ca
election second. that there Il I'd provision
authorizing when to vote a. such election.
and as wOrsen voted az this election Il s
E3Jd. third. that the act under which the
district was Incorporated Is uncoas1ita-
tionai n that It Is class legislation.
The supreme cgurf IS unable 20 agree with
the coztention that the legislstars shall
assent 20 heiainr an election. II the lesls-
iature has provided Tor the slecfson ard
the manner Of conducting the sane. these
provisions are sufficient. and The right 10
give or Withhold sssent 70 incIrrsng in0sbt-
edaess belongs 70 the voters without other
legislative authority. The provisions OF
the constitution should be construed as
amounting u something more than lin
itation upon the legislative discretion. The
provision IS Silent a. 70 the manner Of hold
Ing the election. bot TIE legislature has pro-
vide1 By a general enactment for conduct
ing annual ard special scha3l elections, and
Ike provisions were IL the territorial LAWS.
which were continued in force 10y the con-
stifut.on- Regarding the contention that
the general provisions OF the law relating
% school elections should be restricted 10
such elections only as the few particularly
enumerated the court thinks that i would
then foll0w that the election could be held
IN accordance with the law providing for
general elections. and The opinion continues:
Whether We regard the language OF the
general provisions II the Law as appai-
cable to school elections as sufficient 10
warrant the proper officers q a sch9oi dis
trict 80 submit this question 70 the legal
voters the conclusion in either case is that,
the election having been held IN the man
ner provided BY law. and the requisite num-
Der Of voters having given their assent
thereto. such assert Is binding upon the
district and Is sufficient for the purposes
Of ne constitution"
The court regards as clear the distinc-
tion between the act confeTring authority
upon municipal corporation % rafify the
attempted iucurrlng 81 Indebtedness ana
the provision which points out the manner
ia which Indebtedness may il tie first in
stance be legally incurred As 10 the Oh
lection that there is no provision authoTiz-
ing women 20 vote at such elections. the
court thinks section IS act "a. Is applica-
hle 20 schools in cities % ie,eo or more in
hahitaufs, ard that women are entitled TO
vote az such elections Referring 10 tie
third contention OF appellant. that the act
under which district % was organized Is
class legislation. IN that II provides bet
ter system az education for cities than for
the remainder OF the state. the supreme
court contends that the constitution does
not require the legislature 20 provide the
same means Of instruction for al the chill
drsn in the state. and thus the act is cen
stituuenai