Davies v. Krueger

• Court: Washington Supreme Court
• Writing for the Court: SIMPSON,
• Citation: Davies v. Krueger, 219 P.2d 969, 36 Wn.2d 649 (Wash. 1950)
• Decision Date: 28 June 1950
• Docket Number: 31463.
• Parties: DAVIES, v. KRUEGER et al.

219 P.2d 969

36 Wn.2d 649

DAVIES, v. KRUEGER et al.

No. 31463.

Supreme Court of Washington.

June 28, 1950

Department 2.

Hall &amp Cole, Seattle, William M. Cummings, Seattle, for appellant.

Lycette Diamond & Sylvester, Seattle, for respondents.

SIMPSON, Chief Justice.

Plaintiff instituted this action on his own behalf and on behalf of others similarly situated in King County Water District No 79 against defendants Krueger, Peterson and Millman in their capacity as commissioners, asking an injunction preventing them from selling certain general obligation bonds issued in accordance with a water district resolution. The cause, tried to the court, resulted in the entry of a decree denying the injunction.

The assignments of error challenge the correctness of the decree.

The undisputed facts are: October 5, 1949, the water district commission passed its resolution No. 18. The resolution provided for the issuance of general obligation bonds of the district in the sum of $65,000, and for water revenue bonds in the sum of $620,000. It outlined a comprehensive scheme or plan of water supply, and arranged for a special election in the water district. The resolution was transmitted to the auditor of King county, who, through his deputy Edward J Logan in charge of elections, gave notice of the special election to be held November 29, 1949 by publishing notices of the election in the Daily Journal of Commerce on the 15th and 22nd days of November, 1949 and by posting notices at each of the polling places within the district on November 22, 1949. The election resulted in the approval of the bonds by the required majority of the voters.

The original resolution did not provide for general obligation bonds without limitation as to tax levies, so on the 27th day of January, 1950, the board passed resolution No. 20, purporting to amend resolution No. 18 by providing that the general obligation bonds were to be paid by unlimited annual tax levies. This last resolution was certified to the auditor of King county, and was thereafter submitted for approval or rejection to the voters of the water district at a special election held March 14, 1950. Prior to this election, proper notice as required by both the general and special election laws of the state was given. The amendment was duly approved by the requisite number and majority of voters residing within the water district at the election held March 14, 1950.

A resume of the unofficial information which the voters of the district acquired regarding the first election prior to the date it was held is expressed by the trial court in its finding No. VI, as follows:

'That actual notice of said special election to be held on the 29th day of November 1949, and the propositions to be voted thereon, was given to the electors of Water District No. 79, King County Washington, for and during the period from approximately the 7th day of October 1949, continuously up to and including the day of the special election, to-wit, the 29th day of November, 1949, by means of notices of the special election appearing in the Bothell Citizen, a weekly newspaper of general circulation throughout said Water District; that approximately 750 homes of the approximate 900 homes in said Water District, subscribe to the Bothell Citizen and that similar notices were given in the Kenmore Progress a weekly newspaper of general circulation throughout the district, which is distributed free to every boxholder and mailing address in the said Water District. That in addition to the notices of said special election appearing in news articles in each issue of said newspapers, there appeared in said newspapers lengthy news stories and articles explaining in detail the features of the comprehensive plan and the two bond issues to be voted on at said special election; that in one issue of the Kenmore Progress, to-wit, the issue circulated on the 24th day of November 1949, the entire Resolution No. 18, with the exception of the size of the water pipes and mains and the streets and roads on which they were to be installed, was printed word for word in detail. That paid ads were printed and published in several issues of said newspaper published during said period, advocating and urging the electors to vote for and against the propositions set forth in the Resolution No. 18 at said special election. That editorials were printed in several of the said newspapers aforesaid, explaining the features and benefits to be had by the adoption of the propositions set forth in Resolution No. 18. That notice of the date of said special election and the propositions to be voted thereon were announced and discussed at various community clubs, business clubs and social clubs and gatherings and meetings throughout the District between the dates of October 5th, 1949 and the 29th day of November 1949. That a Citizen's Committee urging the electors to vote at said special election was formed and said committee members and other volunteer workers made a house to house canvass, contacting every home within said Water District, explaining verbally the date of said special election to be held on November 29, 1949, and leaving pamphlets explaining the features of the comprehensive plan and bond issues as set forth in Resolution No. 18. That said canvass, or campaign, was conducted between the 6th and 16th day of November 1949. That 200 copies of Resolution No. 18, a ten page document, was distributed throughout the District between the 15th day of October and...