State ex rel. Carpenter v. Superior Court for King County

• Decision Date: 25 February 1922
• Docket Number: 17095.
• Citation: 204 P. 797,118 Wash. 664
• Court: Washington Supreme Court
• Parties: STATE ex rel. CARPENTER, School District Clerk, v. SUPERIOR COURT FOR KING COUNTY et al.

204 P. 797

118 Wash. 664

STATE ex rel. CARPENTER, School District Clerk, v. SUPERIOR COURT FOR KING COUNTY et al.

No. 17095.

Supreme Court of Washington

February 25, 1922

Department 1.

Certiorari by the State, on the relation of F. B. Carpenter, as Clerk of School District No. 183 of King County, to review a judgment against relator of the Superior Court, for that County, and Otis W. Brinker, Judge thereof. Judgment reversed.

Malcolm Douglas and Arthur Schramm, Jr., both of Seattle, for relator.

Geo. F Hannan, of Seattle, for respondent.

PARKER C.J.

This is a certiorari proceeding in this court, in which the relator F. B. Carpenter, as clerk of school district No. 183 of King county, seeks review and reversal of a judgment of the superior court for that county, which judgment awarded a writ of mandamus against him as clerk of that school district. It is conceded that the relator is entitled to have that judgment reviewed in this court by this proceeding; since an appeal therefrom would be inadequate, because the controversy has to do with the giving of notice of election, which must necessarily occur before an appeal from the judgment could be heard in this court.

The relator has at all times been the duly qualified and acting clerk of school district No. 183 of King county, which is a school district of the third class, having only one schoolhouse therein. King county is a class A county. The boundaries of the district are not coincident with the boundaries of duly established voting precincts that is, some of the voting precincts lie partly within and partly without the district. On February 7, 1922, W. L Carpenter, an elector, property owner, and taxpayer of the district commenced an action in the superior court for King county, seeking a writ of mandamus against this relator, F. B. Carpenter, as clerk of the district, commanding him to give and publish notice of a general school election of the district, to be held at the schoolhouse therein on the first Saturday of March, 1922; or to give and publish notice of a general school election of the district, to be held at the schoolhouse therein on the first Tuesday after the first Monday of May, 1922. This action was instituted after demand made by W. L. Carpenter upon F. B. Carpenter, as clerk of the district, and refusal by the latter to comply therewith. The controversy in the superior court in the mandamus proceeding was, as it is here, as to whether the provisions of chapter 61, Laws of 1921, changing the time, place, and manner of holding school and municipal elections, are valid and applicable with reference to school districts of the third class in class A counties and counties of the first class; or whether the general school law with reference to school elections, as it existed prior to the enactment of chapter 61, Laws of 1921, remains the controlling law as to school elections in such school districts. This question having been submitted to the superior court for final decision upon facts above noticed, judgment was rendered therein awarding a writ of mandamus against the relator, as clerk of the district, commanding him to give notice 'of the regular' annual school election at the schoolhouse in said district for the first Saturday in March, 1922.' As evidencing the ground upon which the superior court rested its judgment, we note therein the following:

'It is now ordered and adjudged, that chapter 61, Laws of 1921, are (is) inoperative and void in so far as it affects the aforementioned school district No. 183, and the election in said school district should be held under the laws that existed prior to the passage of said act.'

The law of 1921 was enacted by the Legislature of that year, manifestly for the purpose of having all elections in class A counties and counties of the first class, other than state, county, certain other specified elections, held under a unified system on the same day of the years within which such elections must be held. In so far as we need here notice the language of that law, it reads as follows:

'Sec. 2. That all city, town, township, school district, port district, park district, irrigation district, dike district, drainage district, drainage improvement district, diking improvement district, river improvement district, commercial waterway district, and all other municipal and district elections whether general or special, and whether for the election of municipal or district officers or for the submission to the voters of any city, town, or township of district of any question for their adoption or approval or rejection, shall be held in class A counties and counties of the first class on the first Tuesday after the first Monday in May in the year in which they may be called. * * *

'Sec. 5. It shall be the duty of the chairman of the board of county commissioners, the county auditor and the prosecuting attorney in class A counties and counties of the first class in all city, town and district elections held under the provisions of this act to provide places for holding elections, to appoint the election officers, to provide for their compensation, to provide ballot boxes and ballots or voting machines, poll books and tally sheets, and deliver them to the election officers at the polling places, to publish and post notices of calling such elections in the manner provided by law, and to apportion to each city, town or district its share of the expense of such election.

'Sec. 6. The election officers herein above provided for shall conduct such elections and shall receive and deposit ballots cast thereat in the proper and respective ballot boxes and shall count said ballots and make return thereof to the proper officers of the respective cities, towns and districts in the manner provided by law: Provided, however, there shall be but one set of election officials in each precinct.

'Sec. 7. At every election held under the provisions of this act, the polls shall be kept open from eight o'clock a. m. to eight o'clock p. m., and all qualified electors who shall be inside of the polling place at eight o'clock p. m. shall be allowed to cast their ballots at such election.'

If these provisions of the 1921 law be held operative and controlling in the conduct of school elections in school districts of the third class in class A counties and counties of the first class they supersede the election provisions of the General School Law, sections 4657-4663, Rem. Code relating to the manner and time of holding school elections...