Appeal
from superior court, King county.
Action
by James B. Metcalf against the city of Seattle and others
involving the power of the city of Seattle to issue bonds for
the construction of water and sewerage systems. There was a
judgment in defendants' favor, and plaintiff appeals.
Const
Wash. art. 8, § 6, provides: "No county, city, town
school-district, or other municipal corporation shall for any
purpose become indebted in any manner to an amount exceeding
one and one-half per centum of the taxable property in such
county, city, town, school-district, or other municipal
corporation, without the assent of three-fifths of the voters
therein, voting at an election to be held for that purpose
nor in cases requiring such as sent shall the total
indebtedness at any time exceed five per centum on the value
of the taxable property therein, to be ascertained by the
last assessment for state and county purposes previous to the
incurring of such indebtedness, except that in incorporated
cities the assessment shall be taken from the last assessment
for city purposes: provided, that no part of the indebtedness
allowed in this section shall be incurred for any purpose
other than strictly county, city, town, school-district, or
other municipal purposes: provided, further, that any city or
town, with such assent, may be allowed to become indebted to
a larger amount, but not exceeding 5 per centum additional
for supplying such city or town with water, artificial light,
and sewers, when the works for supplying such water, light,
and sewers shall be owned and controlled by the
municipality."
Act
Wash. Feb. 26, 1890, (Sess. Laws, 1889-90, pp. 225-227,) is
as follows: "An act authorizing and empowering cities
and towns organized prior to the adoption of the state
constitution to extend their credit and to fund their
indebtedness, and validating certain indebtedness already
contracted, and declaring an emergency to exist. Be it
enacted by the legislature of the state of Washington:
Section 1. That any city or town having a corporate existence
in this state at the time of the adoption of the constitution
thereof is hereby authorized and empowered to borrow money
and to contract indebtedness in any other manner for general
municipal purposes, not exceeding in amount, together with
the existing general indebtedness of such city or town, one
and one-half per centum of the taxable property in such city
or town, to be ascertained by the last assessment for state
and county purposes previous to the incurring of such
indebtedness, except that in incorporated cities the
assessment shall be taken from the last assessment for city
purposes, whenever it is deemed advisable to do so by the
city or town council thereof. Sec. 2. That any such city or
town may borrow money or contract indebtedness for strictly
municipal purposes over the amount specified in the preceding
section, but not exceeding in amount, together with the
existing general indebtedness, five per centum of the taxable
property in such city or town, to be ascertained as provided
in the preceding section, through the council of such city or
town, whenever three-fifths of the voters therein assent
thereto at an election to be held for that purpose at such
time, upon such reasonable notice and in the manner presented
by the city or town council, not inconsistent with the
general election laws. Sec. 3. That any city or town
described in the first section of this act shall, in addition
to the power granted in the preceding sections, have the
power, through its council, to borrow money, or to contract
indebtedness, in an amount not exceeding five per centum of
the taxable property in such city or town, ascertained as
provided in the first section thereof, for the purpose of
supplying such city or town with
water, artificial light, or sewers, when the plant or plants
used for such purposes shall be owned and controlled by the
city, whenever three-fifths of the voters therein assent
thereto at an election to be held for that purpose, according
to the provisions of section two of this act. Sec. 4. That
any city or town of the description of those included in the
first section of this act may fund its indebtedness at any
time in such a manner, for such time and upon such terms and
interest as its council may deem advisable: provided, that
the indebtedness funded shall not, with all the existing
indebtedness, exceed in amount one and one-half per centum of
the taxable property thereof, ascertained as provided in the
first section hereof, unless such indebtedness shall have
been authorized by the assent of three-fifths of the voters
of such city or town, as hereinbefore provided. Sec. 5. That
any indebtedness now owing by any such city or town,
contracted strictly for municipal purposes, whether the same
exceeds the amount which such city or town was authorized to
contract under its charter or not, is hereby validated and
declared to be a binding obligation upon such city or town
when the only ground of the invalidity of such indebtedness
is that it exceeds the amount authorized by the charter of
such city or town: provided that, if said indebtedness
exceeds one and one-half per centum, including present
indebtedness, upon the taxable property therein, to be
ascertained as hereinbefore provided, then such indebtedness
shall not be deemed to be validated by this act till
three-fifths of the voters in such city or town shall assent
to the same, at an election held for that purpose, in the
manner provided by section two of this act; provided,
further, that the indebtedness ratified, including all
existing indebtedness, shall not exceed in amount five per
centum upon the taxable property in such city or town,
ascertained as hereinbefore indicated: and provided, further,
that this section shall only apply to indebtedness now
existing. Sec. 6. That when this act comes in conflict with
any provision, limitation, or restriction in any local or
special law or charter existing at the time that the
constitution of the state of Washington was adopted, this
statute shall govern and control. Sec. 7. That, whereas, many
of the cities and towns of this state are seriously
embarrassed in the making of needed improvements by
restrictions in their charters, preventing them from
extending their credit to the present constitutional limit,
an emergency exists for the immediate effect of this law, and
the same shall take effect therefor from and after its
passage."
Act
Wash. March 26, 1890, (Sess. Laws 1889-90, pp. 520-522:)
"An act authorizing cities and towns to construct
internal improvements, and to issue bonds to pay therefor
and declaring an emergency. Be it enacted by the legislature
of the state of Washington: Section 1. That any incorporated
city or town within the state be, and is hereby, authorized
to construct, or condemn and purchase, or purchase or add to
and maintain, water-works within or without the city limits
for the purpose of furnishing the city and the inhabitants
thereof with an ample supply of water for all purposes, and
to construct and maintain a system of sewerage, with full
jurisdiction and authority to manage, regulate, and control
the same beyond the limits of the corporation, and to buy or
build gas-works or electric light plants for the purpose of
lighting streets and public places, and supplying lights to
the inhabitants of such cities and towns, with full authority
to regulate and control the same. Sec. 2. Whenever the city
council or board of trustees of any such city or town shall
deem it advisable that the city or town of which they are
such officers shall exercise the authority hereby conferred
upon them in relation to either or both such water-works or
system of sewerage or plant or works for lighting purposes,
the corporation shall provide therefor by ordinance, which
shall specify and adopt the system or plan proposed, and
declare the estimated cost thereof as near as may be, and the
same shall be submitted for ratification or rejection to the
qualified voters of said city, at a special election, of
which 30 days' notice shall be given in the paper doing
the city printing, by publication in each issue of said paper
during said time: provided that, if the said city or town is
to become indebted or issue bonds for said water-works or
sewerage system or plant or works for lighting purposes, the
said proposition and authority to become so indebted shall be
adopted and assented to by three-fifths of the qualified
voters of said city or town voting at said election,
otherwise by a majority vote; and, when so adopted and
assented to as aforesaid, the said corporation shall become
authorized to become indebted, and issue bonds as hereinafter
provided; subject, however, to the condition that the total
indebtedness shall not exceed ten per centum of the taxable
property shown in the last assessment roll. Sec. 3. Whenever
a city or town shall be authorized to issue bonds, the said
bonds shall be issued in denominations of not less than one
hundred or more than one thousand dollars, shall be numbered
from one up, consecutively, shall bear the date of their
issue, shall be payable not more than twenty years from date,
and shall bear interest not exceeding six per cent. per
annum, payable semi-annually, with interest coupons attached,
and the principal and interest shall be made payable at such
place as may be designated. The bonds and each coupon shall
be signed by the mayor, and attested by the clerk under the
seal of the city or town. Sec. 4. There shall be levied each
year a tax upon the taxable property of such city or...
