Dean v. City of Walla Walla

• Decision Date: 12 December 1907
• Citation: 92 P. 895,48 Wash. 75
• Parties: DEAN v. CITY OF WALLA WALLA et al.
• Court: Washington Supreme Court

92 P. 895

48 Wash. 75

DEAN v. CITY OF WALLA WALLA et al.

Supreme Court of Washington

December 12, 1907

Appeal from Superior Court, Walla Walla County; Thos. H. Brents Judge.

Action by Stanley E. Dean against the city of Walla Walla and others to enjoin the issuance of city bonds. From a judgment of dismissal, plaintiff appeals. Affirmed.

Dunphy, Evans & Garrecht, for appellant.

Oscar Cain and J. C. Hurspool, for respondents.

ROOT J.

The city of Walla Walla authorized the issuance of municipal bonds in the sum of $100,000, for the purpose of erecting a city hall and fire station. The plaintiff instituted this proceeding to enjoin the issuance of said bonds upon the ground that the city was indebted in a sum in excess of 5 per cent. of the taxable property, as shown by the last municipal assessment. From a judgment of dismissal, plaintiff appeals.

The record presents two questions. It appears that the city has outstanding certain bonds that are made payable out of the revenues of the water system. Appellant contends that the amount of these bonds should be taken into consideration in determining whether or not the general indebtedness exceeds the 5 per cent. limitation prescribed by section 6, art. 8 of the state Constitution. Respondents maintain that these bonds do not constitute a part of the general indebtedness of the municipality. We think this contention must be upheld under the authority of former decisions of this court. Winston v. Spokane, 12 Wash. 524, 41 P. 888; Kenyon v. Spokane, 17 Wash. 57, 48 P. 783; Faulkner v. Seattle, 19 Wash. 320, 53 P. 365; Baker v. Seattle, 2 Wash. 576, 27 P. 462; Fogg v. Hoquiam, 23 Wash. 340, 63 P. 234; German American Bank v. Spokane, 17 Wash. 315, 47 P. 1103, 49 P. 542, 38 L. R. A. 259; State ex rel. Attorney General v McGraw, 13 Wash. 311, 43 P. 176.

Another contention of appellant is that bonds in the sum of $133,000 heretofore issued for the purchase of waterworks, and payable out of the general fund, must be considered as a part of the indebtedness for general municipal purposes, and not as a portion of the 5 per cent. additional indebtedness allowed by the Constitution for water, light, and sewer purposes--that the city could only incur obligations to be deemed a portion of the 5 per cent. additional indebtedness after it had reached the 5 per cent. limit of general indebtedness. The former holdings of this court have pronounced against this...