Kirkpatrick v. B'd of Supervisors

• Decision Date: 26 November 1926
• Parties: E. L. KIRKPATRICK, ET ALS v. BOARD OF SUPERVISORS OF ARLINGTON COUNTY, VIRGINIA, ET ALS.
• Court: Virginia Supreme Court

Page 113

146 Va. 113

E. L. KIRKPATRICK, ET ALS v. BOARD OF SUPERVISORS OF ARLINGTON COUNTY, VIRGINIA, ET ALS.

Supreme Court of Virginia, Richmond.

November 26, 1926.

1. MUNICIPAL SECURITIES — Bond Issue — Acts of 1922, Chapter 260, and Acts of 1926, Chapter 284, as Applied to Arlington County — Validity of Bond Issue Under Acts of 1926, Chapter 284 — Case at Bar. — In the instant case, complainants, taxpayers in Arlington county, sought to enjoin the board of supervisors from issuing bonds under an election held under the act of 1926, chapter 284, for the installation of a publicly owned water system. They contended that all of the steps taken in calling and holding the election and attempting to issue any bonds under authority of Acts of 1926, chapter 284, were void because the act of 1926 was a general law and not applicable to Arlington county as a prior special act (Acts of 1922, ch. 260), covering the same matter, was in force in the county. The two acts had the same object, in part, but provided entirely different methods of attaining that object.

Held: That it was manifest that the legislature intended that both acts should be in force in the county, giving the county a choice of means to attain the end sought.

2. MUNICIPAL SECURITIES — Water Supply — Acts of 1922, Chapter 260, and Acts of 1926, Chapter 284. — Both the Acts of 1922, chapter 260, and the Acts of 1926, chapter 284, grew out of the same necessity, an adequate water supply, and when this need is fully supplied under either act it precludes the possibility of the other act ever being called into use.

3. MUNICIPAL SECURITIES — Arlington County Water Supply — Acts of 1926, Chapter 284, Applies only to Arlington County. — Acts of 1926, chapter 284, authorizing counties having a population of more than three hundred inhabitants per square mile to install a publicly owned water supply system or systems, is general and applies not only to Arlington county but to every other county which is or may come within its terms. But the primary reason for its passage was to supply the needs of Arlington county. There are a number of reasons which indicate this intention and show definitely and conclusively that Arlington county was intended to be included in the provisions of the act of 1926, chapter 284, as under the present state of the law, and in view of the physical location of the counties of the State and their population, it could not apply to any other county.

4. STATUTES — Construction — Statutes to be Harmonized. — Where two statutes are in apparent conflict they should be so construed, if reasonably possible, so as to allow both to stand and to give force and effect to each.

5. STATUTES — Intention Governs. — The object of all interpretation and construction of statutes is to ascertain and carry out the intention of the law-makers, and when the intention is ascertained it must always govern.

6. STATUTES — Special Acts — Special Act to be Construed as Exception to General Law — Statutes to be Harmonized. — The doctrine that a special act should be construed as an exception to the general law is not to be invoked unless the two acts cannot be harmonized or reconciled in any other way. There are a number of instances in Virginia where general acts and special acts apply in the same county at the same time.

7. STATUTES — Water Supply — Acts of 1922, Chapter 260, and Acts of 1926, Chapter 284, do not Conflict. — There is no repugnance in the Acts of 1922, chapter 260, and the Acts of 1926, chapter 284, in regard to water supply for Arlington county. It was the intention of the legislature to provide two means of financing a publicly owned water system and to leave the choice of means to the people of the communities named.

8. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Constitutionality — Pledging Full Faith and Credit to the Entire County. — Chapter 284 of the Acts of 1926, authorizing the installation of a publicly owned water supply system or systems in counties having a population of more than three hundred inhabitants per square mile, is not unconstitutional and void, in that it purports to authorize the issuance of county bonds and the pledge of the full faith and credit of the entire county for the purpose of installing and operating a water supply system for and on behalf of such magisterial districts only as shall vote in favor of said installation and operation and in favor of the issuance of county bonds therefor.

9. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Constitutionality — Municipal and County Purposes. — Chapter 284 of the Acts of 1926, authorizing the installation of a publicly owned water supply system or systems in counties having a population of more than three hundred inhabitants per square mile, is not unconstitutional and void for the reason that it purports to authorize the issuance of county bonds and the pledge of the full faith and credit of the county for a purpose distinctly reserved to municipal corporations, as contemplated by the Constitution of 1902, especially section 127.

10. LEGISLATURE — Power of the Legislature. — The legislature possesses all legislative power not prohibited by express terms, or by necessary implication, by the State Constitution or the Constitution of the United States.

11. POLICE POWER — Inherent in the Legislature — Delegation. — The police power of the State, the power to legislate in the interest of the public welfare, the public health and the public safety is inherent in the legislature, and it may delegate the full power or any limited part thereof to the cities or counties of the State as it sees fit.

12. COUNTIES — Police Power — Power of the Legislature. — The legislature has the right to grant to any county any functions looking to the advancement of the public welfare not prohibited by the State Constitution.

13. CONSTITUTIONAL LAW — Power of Legislature — State Constitution a Limitation of Power. — The State Constitution, unlike the Federal Constitution, is a limitation of power, and unless expressly limited by that instrument, the power of the legislature is unbridled.

14. COUNTIES — Definition. — A county is a political subdivision of the State for the purpose of civil administration of such powers as may be delegated by the State. It is for the legislature to determine the extent to which it will confer upon counties any powers to aid in the discharge of the obligation which the Constitution has imposed upon itself.

15. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Constitutionality — Taxing Property without Specifically Stating Tax — Case at Bar. — Chapter 284 of the Acts of 1926, authorizing the installation of a publicly owned water supply system or systems in counties having a population of more than three hundred inhabitants per square mile, is not void in that it violates section 50 of the Constitution of 1902, in attempting to impose a tax upon all taxable property within said county, without specifically stating said tax. In the instant case, the tax being a local tax to support local bonds, it is not in any wise in contravention of section 50 of the Constitution of 1902.

16. CONSTITUTIONAL LAW — Taxation — Section 50 of the Constitution Providing that Tax Laws Shall Specifically State the Tax — Local Taxes. — Section 50 of the Constitution of 1902 applies only to the ordinary and general taxes for State purposes and not to local taxes for local purposes.

17. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Constitutionality — Due Process of Law. — Chapter 284 of the Acts of 1926, authorizing the installation of a publicly owned water supply system or systems in counties having a population of more than three hundred inhabitants per square mile, is not unconstitutional and void in that it violates Article I, section 11, of the Constitution of 1902, relating to the taking of property without due process of law. The act does not provide primarily for the levying of a tax, but authorizes the board of supervisors to fix rates at which water shall be supplied or furnished to customers. Becoming a customer is optional, as there is no provision in the act requiring anyone to take water from the system.

18. MUNICIPAL SECURITIES — Waterworks Bonds — Acts of 1926, Chapter 284 — Distinction between Complete Water System and Distributing System. — In the instant case complainants contended that an election under chapter 284, Acts of 1926, was void and no bonds could be legally issued thereunder, because the bonds voted at the election were not for the purpose of installing and operating a complete water system in the county, but only for the purpose of installing and operating a distributing system in the county without any source of water supply.

Held: That there was no merit in the distinction drawn between a complete water system and a mere distributary system, as far as the record shows, which would affect the validity of the bonds. The act in question provided for a distributary system.

19. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Water System in Each District — Case at Bar. — In the instant case complainants contended that an election held under the Acts of 1926, chapter 284, was invalid in that it failed to submit to the voters of each magisterial district the question of issuing bonds for a water system in that particular district, as the question submitted was the establishment and installation of a county water supply.

Held: That the Acts of 1926, chapter 284, plainly contemplated that the civil districts might act in concert, and there was no merit in this contention.

20. WATER COMPANIES AND WATERWORKS — Acts of 1926, Chapter 284 — Determination of Amount of Bonds to be Issued — Case at Bar. — In the instant case it was contended that an election under chapter 284 of Acts of 1926 was void because the board of supervisors abrogated, prior to the election, the...