Hesseltine v. Town of Wilbur

• Decision Date: 19 August 1902
• Citation: 69 P. 1094,29 Wash. 407
• Parties: HESSELTINE v. TOWN OF WILBUR et al.
• Court: Washington Supreme Court

69 P. 1094

29 Wash. 407

HESSELTINE v. TOWN OF WILBUR et al.

Supreme Court of Washington

August 19, 1902

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

Suit by E. A. Hesseltine against the town of Wilbur and others. From a judgment for defendants, plaintiff appeals. Affirmed.

Martin & Grant, for appellant.

Myers &amp Warren, for respondents.

PER CURIAM.

The appellant, as a taxpayer, instituted this suit against the town of Wilbur and the respondents named, for the purpose of obtaining a restraining order and injunction, restraining and enjoining the respondents from selling or delivering certain bonds (more fully hereinafter described) for the building of waterworks in the town of Wilbur. The respondents answered and pleaded: The town of Wilbur is a municipal corporation, city, or town, of the fourth class incorporated by an order of the board of county commissioners of Lincoln county, Wash., made and entered on the 4th day of August, 1890, under the provisions of the act of March 27 1890, which said order of the board of county commissioners was filed in the office of the secretary of state on the 14th day of August, 1890. That ever since the date of said incorporation the town of Wilbur has maintained an organized government, and has performed all of the functions of a municipal corporation of the fourth class, and is still maintaining such government and performing all the functions of such a municipal corporation. That the respondents other than said town are the duly elected qualified, and acting officers of said town. That on the 7th day of August, 1901, at a regular meeting of the town council, it was decided to construct a system of waterworks within the town of Wilbur, and to employ a competent engineer to draw plans and specifications for the same. That on the 16th day of October, 1901, at a regular meeting of the town council of the town of Wilbur, Ordinance No. A54 passed first reading, and afterwards, on the 6th day of November, 1901, at a regular meeting of the town council of Wilbur said Ordinance No. A54 was read for the second time by sections and adopted and passed. This ordinance is an exhibit to the answer, and authorizes an indebtedness for the waterworks. That on the 8th day of November, 1901, said Ordinance No. A54 was regularly published in full in the Wilbur Register, a weekly newspaper of general circulation published once each week at Wilbur, Lincoln county, Wash., and that said Wilbur Register was the newspaper doing the town printing, and was the newspaper designated in said ordinance as the one in which said ordinance was to be published, and that said ordinance took effect and was in force from and after its passage, approval, and publication, and has never been repealed, amended, or set aside. That notice of the election provided for in said ordinance was given by publication in the Wilbur Register, the paper doing the town printing, and designated in said ordinance, for a period of five consecutive weeks immediately preceding the holding of said election, to wit, from the 15th day of November, 1901, to the 13th day of December, 1901. That on the 15th day of November, 1901, notice was published to...