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...
