King County v. Martin

• Decision Date: 02 February 1940
• Docket Number: 27843,27878.
• Citation: 98 P.2d 686,2 Wn.2d 504
• Parties: KING COUNTY et al. v. MARTIN et al. TAYLOR et al. v. MILLIKIN, County Auditor.
• Court: Washington Supreme Court

98 P.2d 686

2 Wn.2d 504

KING COUNTY et al. v. MARTIN et al.

TAYLOR et al. v. MILLIKIN, County Auditor.

Nos. 27843, 27878.

Supreme Court of Washington, En Banc.

February 2, 1940

Original mandamus proceeding by King County, a Class A County of the State of Washington, and others, against Clarence D. Martin and others, as the State Social Security Committee, and Charles F. Ernst, Director of the Department of Social Security, for a writ compelling the State Social Security Committee to allocate from state funds a grant-in-aid for public assistance in the sum of $668,177.39, consolidated for hearing with defendant's appeal in the suit by Jack Taylor and others, as Commissioners of King County Washington, and King County, a Class A County of the State of Washington, against Earl Millikin, Auditor of King County, to compel defendant to issue warrants provided by an emergency resolution passed by the County Commissioners of King County.

Judgment of superior court reversed, and petition for writ of mandate denied.

STEINERT J., BLAKE, C.J., and ROBINSON, J., dissenting in part.

G. W Hamilton, Harry L. Parr, and W. A. Toner, all of Olympia, for respondents.

Thor C. Tollefson and Gilbert E. Peterson, both of Tacoma, amici curiae.

SIMPSON Justice.

These are proceedings in mandamus. In the first case relators, in an original action in this court, seek a writ compelling the state social security committee to allocate from state funds a grant-in-aid for public assistance in the sum of $668,177.39. The second case involves an appeal from a judgment of the King county superior court in which that court ordered respondent, Earl Millikin, as county auditor, to issue warrants provided by an emergency resolution passed by the county commissioners of King county. The cases involve the same questions, and, by stipulation, have been consolidated in this court. We consider them in one opinion.

Just prior to September 11, 1939, the county commissioners of King county ascertained that the fund necessary to provide for public assistance would not be sufficient to meet the demand on the fund for the months of October, November, and December of that year.

September 15, 1939, the commissioners and the county administrator prepared a budget, in compliance with requirements of Rem.Rev.Stat. (Supp.) § 10007-111a, Laws of 1939, ch. 216, § 11, p. 872, and submitted it to the department of social security and the state social service committee. The budget set forth the total requirements of the county's general assistance relief needs for the last quarter of 1939 in the total amount of $870,947.75, and an estimated unexpended balance in the county public assistance account of $264,276.50. The budget was accompanied by an application for a special grant-in-aid from the state in the amount of $606,671.25.

On or about the first of October, 1939, the committee approved the budget in the reduced amount of $425,187. The estimated balance in the county fund had, by then, shrunk to $138,417.37. The sum of $64,362.99 was allocated by the committee, thus making available to the county the total sum of $202,780.36.

Subsequently, the committee approved a supplemental budget prepared by the county commissioners and the county administrator in the sum of $445,760.75, which amount, added to the reduced amount of the original budget, totaled the sum of $870,947.75, the amount of the budget originally submitted.

In answer to these requests for additional funds, the social security committee sent to the King county commissioners the following letter, dated October 21, 1939:

'Board of King County Commissioners

'County-City Building

'Seattle, Washington

'Gentlemen:

'The State Social Security Committee has approved a total budget covering public assistance needs in King County until December 31, 1939, in the sum of seven hundred thousand dollars ($700,000) or such part as may be required.

'The Committee has agreed to provide fifty per cent of the amount on a matching basis. Because the King County Commissioners cannot provide their fifty per cent without issuing emergency warrants, and because question has been raised as to their legal ability to issue such warrants, the Commissioners will arrange for a friendly test suit to determine their position.

'The State Social Security Committee has, therefore, further agreed to underwrite the King County Welfare Department and Hospital commitments for public assistance up to the amount of three hundred and fifty thousand dollars ($350,000) with the understanding that the County Commissioners will arrange for a prompt action through the courts to establish and clarify their financial responsibility and ability to meet the requirements for public assistance under the law.

'Sincerely yours,

'(Signed) Clarence D. Martin

'Chairman, State Social Security Committee.'

November 7, 1939, the commissioners caused to be instituted cause No. 27843, the first of the two actions, it being a petition in this court to compel the committee to allocate to King county the sum of $668,177.39, that being the balance between the total amount of $870,947.75 approved by the committee, and the sum of $202,780.36 actually available to the county at the beginning of the quarter.

Shortly thereafter, November 10, 1939, the state social security committee and the board of King county commissioners entered into an agreement, the relevant portions of which stated:

'Whereas, the party of the second part [the county commissioners] has brought an action against the party of the first part in the Supreme Court of the State of Washington asking for a mandamus to require the state to take care of the monies needed by the county to fully complete its program for the care of the needy and expenses of operating its relief machinery, including the county hospital, and is estimated that approximately $700,000.00 will be needed between October 2 and December 31, 1939.

'The Prosecuting Attorney of the county is of the opinion that the county has no right nor authority to issue emergency warrants, and that the three mill levy for social security constitutes the only enforceable obligation against the county for social security purposes. While the state contends that the responsibility for the care of the needy in King County is the responsibility of the County, and that it should discharge its duty by the issuance of emergency warrants. The State, however, is willing to advance to King County $350,000 or approximately one-half of the amount needed, upon the County Commissioners of King County passing a resolution declaring an emergency for the care of needy individuals in King County and the carryin out of the Social Security program for King County, and said resolution to be approved by the Prosecuting Attorney and the Attorney General's office.

'It is contemplated that action will be taken by, or on behalf of, the Prosecutor's office in King County to resist the issuance of emergency warrants, and that the Attorney General's office of the State of Washington shall defend the right of the County Commissioners to issue the emergency warrants. It is contemplated that the action involving the power of the County to issue the warrants shall be set at the same time and be heard either by consolidating the cause with the one now to be heard by the Supreme Court on December 15th, and the parties agree that the matter shall be brought to issue and tried with all reasonable celerity and the parties stipulate and agree that if they do represent the County and the State that they will consent to the hearing of both causes Before the Supreme Court upon the same day, and that a speedy determination may be reached.

'During the time that the County may be legally prevented from advancing its money for Social Security purposes, the State shall continue to meet the payments necessary as they accrue up to the limits of the budget approved by the Social Security Committee to the 1st day of January, 1940, the County Commissioners agreeing that if they have the power they will reimburse the State for all of the expense to which it shall be subjected by virtue of this agreement in excess of the amount the Social Security Committee is willing to advance to King County for the relief of the emergency.'

November 14, 1939, the commissioners passed a resolution, the pertinent part of which reads:

'(1) A situation has arisen in relation to the financing of the activities of administration and of the payment of public assistance expenditures including direct relief, necessary public health activity, county general hospital and other parts of the general assistance program for King County, Washington, all for the quarter commencing with October 2, 1939, and ending December 31, 1939, calling for prompt and efficient action.

'(2) That in order to provide adequate relief and administration in King County for the period from October 2, 1939, to December 31, 1939, a budget has been regularly approved requiring the sum of $870,947.75; of this amount there is available out of the unexpended funds applicable therefor a balance of $138,417.37 and a state grant of $64,362.00, making a total of $202,780.36, thus leaving a deficiency of $668,167.39.

'(3) In an endeavor to provide funds for meeting this emergency this Board has sought aid from the Social Security Committee and has concluded an agreement with said Committee, a copy of the said agreement being attached hereto and being hereby referred to for further particularity, the said agreement providing in short that the Social Security Committee will make an emergency grant-in-aid to King County of $350,000 provided that this Board of County Commissioners shall provide the balance of funds needed to...