Farquharson v. Yeargin

• Decision Date: 10 April 1901
• Citation: 24 Wash. 549,64 P. 717
• Court: Washington Supreme Court
• Parties: FARQUHARSON v. YEARGIN et al., County Com'rs.

64 P. 717

24 Wash. 549

FARQUHARSON v. YEARGIN et al., County Com'rs.

Supreme Court of Washington

April 10, 1901

Appeal from superior court, Ferry county; C. H. Neal, Judge.

Injunction by A. S. Farquharson against D. W. Yeargin and others, as county commissioners, to enjoin the issuance of certain county bonds. From a decree in favor of defendants, plaintiff appeals. Affirmed.

Charles P. Bennett, for appellant.

Jesseph & Jesseph, for respondents.

WHITE J.

This action was commenced by plaintiff against the defendants for the purpose of having the defendants enjoined from issuing county bonds to the amount of $60,000, the purpose of such bond issue being to fund outstanding county warrants of Ferry county. Ferry county was created by the act of the legislature of the state of Washington on the 21st day of February, 1899. On March 11, 1899, the governor appointed a board of county commissioners for the newly-created county as provided in the act creating the county. The assessed valuation of the property in the newly-created county was $408,513 on October 7, 1899, such valuation being agreed upon by the officers of Ferry and Stevens counties, and was based upon the assessment of Stevens county. Ferry county was formed out of part of the territory theretofore included in Stevens county, and the act organizing Ferry county provided that Ferry county should assume and pay to Stevens county its just proportion of the debts of Stevens county in the proportion that the assessed valuation of Ferry county bore to the valuation of the whole of Stevens county. Ferry county, as provided in article 11, § 3, of the constitution, was not to be charged with any debt or liability incurred in the purchase of any county property or building which should fall within and be retained by Stevens county, and the same provision applied to Stevens county as to any county property or buildings in Ferry county. The auditor of Ferry county and the auditor of Stevens county were to apportion the indebtedness that Ferry county was to pay, and the county commissioners of Ferry county were to order warrants drawn for such indebtedness in favor of Stevens county. Between the 21st day of March, 1899, and the 7th day of October, 1899, county warrants were issued to the amount of $23,323.99. The cash receipts of the county during this period from licenses and fines were $10,573.10. Add to the cash received 1 1/2 per cent. of the assessed valuation $6,127.69, and deduct the amount from the amount of warrants issued during this period, and we have warrants issued in excess of said amount to the amount of $6,623.20. Of the warrants to the amount of $6,623.20 in excess of the constitutional limit of indebtedness of Ferry county there remain unpaid at this time warrants to the amount of $2,136.71. Of the said amount of $23,323.99 of warrants issued $15,303.56 were issued in payment for a county court house for said county of Ferry, and furniture for the same $4,156 being for blank books, and $4,233.50 being the amount paid for transcribing records from Stevens county records as required by the act creating the new county. Between the 11th day of March, 1899, and the 7th day of October, 1899, Ferry county acquired assets to the amount of $15,303.56 in addition to the cash received. Republic, the county seat of Ferry county, was, at the time this indebtedness was incurred, a new mining camp, composed of small frame cabins and tents, the town having been destroyed by fire on the 3d day of June, 1899; and it was necessary, for the orderly and proper administration of county affairs, for the protection and safe-keeping of the public records, and in order to provide a place to hold court for said county, to construct a court house. On the 9th of July, 1900, when the board of county commissioners of Ferry county adopted the resolution to issue funding bonds in the sum of $60,000, the assessed valuation of the taxable property in Ferry county, as shown by the last assessment for state and county purposes, was $1,917,819, and the outstanding indebtedness of the county about $60,000, all of which was in outstanding warrants; the said sum of $2,136.71 being part of said warrant indebtedness, and the only warrants the validity of which is questioned on this appeal. No vote of the electors of Ferry county has ever been had validating said last-mentioned indebtedness, or assenting to the same. The court below, on the above state of facts, denied the injunction prayed for, and entered final judgment. From the judgment of the court denying the relief prayed for this appeal is prosecuted.

It is urged by the appellant that the proposed bond issue is illegal, because it nowhere appears in the records of the lower house or the senate that the territory proposed to be set off as Ferry county had, at the time of presenting the petition to create such new county, a population of $2,000 as required by section 3 of article 11 of the constitution of the state. The provision cited declares that 'no new county shall be established which shall reduce any county to a population less than four thousand, nor shall a new county be formed ...