The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-08-31
AN UNIDENTIFIED EFFORT
TO DISCREDIT GRIM
SHAW S CANDIDACY
CONTINUED from Page ~

had talent other than that possessed
by the city attorney been employed
In aid of the bond issue no difficulty
would be encountered in erecting a
$55. 100000 plant for $29,966.45.
Is it not clearly demonstrated,
taking the article for all that it is
worth, that the real loss to the City
of Wenatchee would be and could be
only the amount expended in the
preparation for and conduct of the
election at which the bond issue was
voted. For the purpose of enabling
the fair-minded and conscientious
writer of the article to have at least
a peg upon which to hang his claim
of injury to the people of Wenatchee,
We give the total cost Of such election
as CLEANED from the records of the
proceeding, namely, 1910.
In this well reasoned and care
fully prepared article the writer, at
tempting again to discredit the work
OF Mr.. Grimshaw, quotes from the
Seymour case, decided June 2, 1898,
and argues that under that case the
law requires a new election to au-
thoriZe the issuance of bonds.
A brief summary of the facts of
they Seymour case may aid in point
ing out the apparent animus of the
author or his carelessness in study
ing his authority.
On the 18th day of April, 1898,
special election was held in the City
of Tacoma for the submission to the
voters of proposed plan an estimat-
ed cost of $2.150,O0O. The proposed
bond issue was less than per cent
of the assessed valuation for the year
1892. but was $69,597.5O in excess
of the assessed valuation for the
year 1898. The valuation for the
year 1898 had been equalized by the
proper board and delivered to the
comptroller on March q, 1898.
The comptroller did not complete his
footing so that the tax could be lev
led until May 10, 1898. On that
date the tax was levied. One Sey-
mour a disgruntled taxpayer, who
had previously unsuccessfully at
tempted to enjoin the holding of the
special election, brought the action
to enjoin the issuance of the bonds
in their entirety as voted on the
grounds that they were in excess of
the per cent limit authorized under
the assessment of 1898. The lower
court held the issue void and entered
Judgment enjoining the issuance of
the bonds. The City of Tacoma APP
pealei the case to the supreme court
of the State of Washington reversed
the lower court, holding that the
election was valid and authorized the
issuance of the bonds up to the 3
per cent limit, viz, $4,000, 1920.
and as to the excess entered decree,
or rather directed a decree to be en-
tered in conformity with the follow
ing excerpts from the opinion, as it
will be found reported in Vol. 6,
Washington Reports, at page 439.
But we must sustain the injunc-
ton as to all that portion of these
bonds which exceed the per cent of
the new assessment, viz, 500, 597.5O,
or rather, $7O,000.00. as they are re-
quired to be of the denomination of
one thousand dollars each, until the
taxable value of the. city's property
reaches an amount sufficient to justi-
fy the issuance of this excess s.
On page 440 the Court further
says: so far as the law of the case
on respondents (Seymour's) is con-
cerned it is the same as if, upon call
ing for bids, none were received for
more than a portion OF the issue. He
could not interfere to prevent the
sale of those bid for
Even one unskilled in the law, by
cursory reading of this decision,
can see that the court really holds
that until the valuation is sufficient
to allow the full amount voted to be
issued the issue of the excess is
stayed, and as soon as the valuation
is sufficient the issuance of the ex-
cess is permitted. Again, We quote:
I'VE must sustain the Injunction, as
to all that portion of the bonds
which exceed per cent of the new
assessment until the taxable value Of
the city's property reaches an amount
sufficient to justify the issuance Of
this excess
City Has Gained Time.
Applying the law of the writer's
authority to the facts as he sets
forth, the City of Wenatchee has
gained time, not lost time. The pres
ent valuation of the city's property
for county purposes as fixed by the
county board of equalization, omit