Graves v. City of Seattle

• Decision Date: 12 February 1894
• Parties: GRAVES v. CITY OF SEATTLE ET AL.
• Court: Washington Supreme Court

35 P. 1079

8 Wash. 248

GRAVES v. CITY OF SEATTLE ET AL.

Supreme Court of Washington

February 12, 1894

Appeal from superior court, King county; J. W. Langley, Judge.

Action by Edward O. Graves against the city of Seattle and others to restrain said city from issuing certain bonds. Judgment for defendants. Plaintiff appeals. Affirmed.

Bausman Kelleher & Emory, for appellant.

Geo Donworth and James B. Howe, for respondents.

HOYT J.

By this proceeding, appellant sought to prevent the issuing by the city of Seattle of certain bonds which had been authorized by an election in said city held under the provisions of the act of March 3, 1893, on the ground that the requirements of the statute had been so far departed from, in the conduct of such election, as to render it of no force. It is conceded that all of the forms of law were complied with, in the holding of such election, except that there was no registration of voters, and that the provisions of the law relating to registration and the furnishing of poll books, etc., had not been complied with. That there were no such formalities is conceded by the respondents. They contend, however, that without them the election was valid. Hence, the question presented for determination is as to whether or not registration was a part of the qualifications of a voter at such election. That the general registration law does not apply to elections of this kind was held by this court in the case of Seymour v. City of Tacoma, 6 Wash. 138, 32 P. 1077; and that decision is decisive of this case, unless, by force of the statute under which the election was held, registration was required at such election. We have carefully examined the statute, and are unable to find that anything has been enacted therein requiring registration. There are expressions contained in the act which clearly show that at the time of its enactment the legislature was of the opinion that the general registration law applied to elections of this kind, but such opinion is in no manner enacted into a law making such general registration law apply to such elections. It is a familiar rule of statutory construction that the opinion of a legislative body as to the construction of a law can have no force, unless it is given force by being enacted into a law. That the legislature has, by way of recitals or otherwise shown that it thought a certain law already upon the statute books would receive a...