Seymour v. City of Tacoma

• Court: Washington Supreme Court
• Writing for the Court: STILES, J.
• Citation: Seymour v. City of Tacoma, 6 Wash. 138, 32 P. 1077 (Wash. 1893)
• Decision Date: 24 March 1893
• Parties: SEYMOUR v. CITY OF TACOMA ET AL.

32 P. 1077

6 Wash. 138

SEYMOUR v. CITY OF TACOMA ET AL.

Supreme Court of Washington

March 24, 1893

Appeal from superior court, Pierce county; Emmett N. Parker, Judge.

Action by Edmund Seymour against the city of Tacoma and others to enjoin an election. From a judgment for defendants, plaintiff appeals. Affirmed.

Alfred E. Buell, for appellant.

F. H Murray and Galusha Parsons, for respondents.

STILES J.

The appellant sought to enjoin the holding of an election in the city of Tacoma looking to carrying out the scheme which is set forth in the following ordinance: "Ordinance No 790. An ordinance to provide for the purchase of the waterworks and electric light plant, and all such water supplies, riparian rights, rights of way, lands, lots personal property, and franchises as are now owned or operated by the Tacoma Light and Water Company as part of such water and electric light plants, excepting their distributing system in the town of Puyallup; and for extending said waterworks and making additions thereto by the adoption of a gravity system of waterworks; to declare the estimated cost of said additions and extensions; to provide for borrowing money to be used in payment therefor by issuing the negotiable coupon bonds of said city for the sum of two million one hundred and fifty thousand dollars; and to provide for calling a special election for submitting such questions to the qualified voters of said city for their ratification or rejection. Be it ordained by the city of Tacoma: Section 1. That the offer of the Tacoma Light and Water Company to sell the waterworks and electric light plant, and all such sources of water supplies riparian rights, and rights of way, lands, lots, personal property and franchises as are now owned or operated by the Tacoma Light and Water Company, as part of such water and electric light plants, excepting their distributing system in the town of Puyallup, for the sum of one million seven hundred and fifty thousand dollars, be and the same is hereby submitted to the qualified voters of the city of Tacoma upon the terms and subject to the conditions hereinafter particularly specified. Sec. 2. If said city shall become the owner of said waterworks and electric light plant, and sources of supply, it will extend said waterworks, by additions thereto by a gravity system, so that the same shall be sufficient to adequately supply the said city and its inhabitants with pure, fresh water, sufficient for all their necessary uses, which extensions shall be substantially as follows: Thirty-eight inch conduit pipe from Patterson and Thomas springs to the reservoir of the Tacoma Light and Water Company in the city of Tacoma, distant from said Patterson springs about sixteen miles, and distant about thirteen miles from said Thomas springs; connections from reservoir site to station B of the Tacoma Light and Water Company near the intersection of Hood and O streets in said city; the erection of a hydraulic pump at a suitable junction of the waters of said springs,-the estimated cost of which extensions is four hundred thousand dollars. Sec. 3. For the purpose of borrowing money to be used in payment for said waterworks, electric light plant, and sources of supply, and for the construction of said extension to said waterworks, the city of Tacoma shall issue its negotiable coupon bonds for the sum of two million one hundred and fifty thousand dollars, payable to bearer twenty years from the date thereof, with interest at the rate of five per centum per annum, payable semiannually. Both principal and interest shall be payable in gold coin of the United States of America, of the present standard of weight and fineness, at such banking house or trust company in the city of New York as shall be designated in said bonds. Sec. 4. The mayor is hereby authorized and directed, in case of the ratification by the qualified voters of said city at an election for the submission of said proposition as hereinafter provided, to issue in the name of said city, signed by himself as mayor, attested by the city clerk under the seal of said city, and countersigned by the city controller, two thousand one hundred and fifty negotiable coupon bonds of one thousand dollars each, to be designated upon the face thereof 'Water and Light Bonds of the City of Tacoma,' with interest thereon as provided in the third section hereof, which bonds shall be numbered, respectively, from one to two thousand one hundred and fifty, and shall, when so signed, attested, and countersigned, be delivered by the mayor to the sinking fund commission of said city for sale and negotiation, as hereinafter provided. Sec. 5. The said sinking fund commission shall negotiate the sale of said bonds, after having duly advertised the same for sale at least thirty days preceding the day of sale: provided, that said bonds shall not be sold for less than par and accrued interest. Said sinking fund commission shall, immediately upon the receipt of the moneys received for said bonds, pay all moneys so received into the city treasury. Sec. 6. In case of the ratification of the said proposition by the qualified voters of said city at the special election herein provided for, the said sinking fund commission is authorized and instructed, upon the execution and delivery by the said Tacoma Light and Water Company of a good and sufficient deed, with covenants of warranty, to vest in said city a perfect title to said waterworks, electric light plant, and sources of supply,-said deed to be approved by the city council,-to pay, out of the money received for the sale of said bonds, to the said Tacoma Light and Water Company, the sum of one million seven hundred and fifty thousand dollars, the same to be accepted by said company in full payment therefor. Sec. 7. That a special election be held in and for said city upon the eleventh day of April, A. D. 1893, for the purpose of submitting to the qualified voters thereof the question whether said city shall purchase the waterworks and electric light plant and the sources of supply owned by said Tacoma Light and Water Company, for the sum of one million seven hundred and fifty thousand dollars, and construct additions and extensions thereto at an estimated cost of four hundred thousand dollars, and whether said city shall borrow the sum of two million one hundred and fifty thousand dollars, to be used for the payment thereof, and issue its negotiable coupon bonds for said sum. Sec. 8. The form of ballot to be used at said election shall be: 'Shall the city of Tacoma purchase the waterworks and electric light plant and sources of supply of the Tacoma Light and Water Company for the sum of one million seven hundred and fifty thousand dollars, and construct extensions to said waterworks at an estimated cost of four hundred thousand dollars, and borrow the sum of two million one hundred and fifty thousand dollars, to be used for said purpose, and issue its negotiable coupon bonds therefor.' All persons in favor of said proposition shall vote as follows: 'For the purchase of the waterworks, electric light plant, and sources of supply of the Tacoma Light and Water Company, and the construction of extensions to said waterworks, and the issuing of negotiable coupon bonds of the city therefor.' Those voting against said proposition shall vote as follows: 'Against the purchase of the waterworks, electric light plant, and sources of supply of the Tacoma Light and Water Company, and construction of extensions to said waterworks, and the issuing of the negotiable coupon bonds of the city therefor.' Sec. 9. Said election shall be held at such voting places in the several precincts of said city, and shall be conducted by such judges and inspectors of elections, as may be hereafter designated and appointed, and shall be conducted in all respects as provided by the charter of said city and the general laws of the state of Washington. The city clerk shall give at least thirty days' notice of the time, place, and purpose of said election, and of the proposition to be submitted thereat, together with the form of ballot to be used, which notice shall be published in the city official newspaper for thirty days next preceding said election, and shall be posted for the like period, at all of the places designated therein for holding said election. Sec. 10. This ordinance shall, immediately after its passage and approval by the mayor, be published in the official newspaper of said city for three days, consecutively, and shall take effect upon the expiration of such publication."

The following are the points raised as objections to the validity of the ordinance as the basis for the popular vote on the proposition to be submitted: (1) The action sought to be taken by the city is under authority of, and in accordance with the provisions of, the act relating to internal improvements in cities and towns, approved March 26, 1890 (Laws Wash. 1889-90, p. 520,) as amended March 9, 1891, (Laws Wash. 1891, p. 326;) and it is contended that this act, in so far as it is a grant of power to "purchase," is void, for the reason that it is not mentioned in the title of the act, which relates merely to "construction." (2) The ordinance fails to specify the works and plant with sufficient detail to enable the taxpayers to determine, without going to other sources of information, the expediency of purchasing the property offered, and at the price named. (3) The act provides that the ratification of the system or plan proposed, and the assent to the incurring of indebtedness, shall be submitted to the voters as separate questions. (4) The ordinance provides, by its terms, that the proposition therein contained shall be submitted to the voters, while the act requires that the...