State ex rel. Washington Toll Bridge Authority v. Yelle, 30828.

CourtUnited States State Supreme Court of Washington
Writing for the CourtSTEINERT, Justice.
Citation200 P.2d 467,32 Wn.2d 13
PartiesSTATE ex rel. WASHINGTON TOLL BRIDGE AUTHORITY v. YELLE, State Auditor.
Docket Number30828.
Decision Date04 December 1948

200 P.2d 467

32 Wn.2d 13

STATE ex rel. WASHINGTON TOLL BRIDGE AUTHORITY
v.

YELLE, State Auditor.

No. 30828.

Supreme Court of Washington, En Banc.

December 4, 1948


Application by the State, on the relation of the Washington Toll Bridge Authority, for an alternative writ of mandate directing Cliff Yelle, as State Auditor of the State of Washington, to execute certain bonds necessary for financing the establishment of a Puget Sound ferry and toll bridge system.

Application denied.

MALLERY, C.J., and ROBINSON, J., dissenting. [200 P.2d 468]

Smith Troy and [32 Wn.2d 15] Lyle L. Iverson, both of Olympia, for relator.

Ryan, Askren & Mathewson and Laurance S. Carlson, all of Seattle, amici curiae.

Lester T. Parker, of Aberdeen, for respondent. respondent.

STEINERT, Justice.

Relator, Washington Toll Bridge Authority, filed in this court its application for an alternative writ of mandate directing the respondent, Cliff Yelle, state auditor, to execute certain bonds necessary for financing the establishment of a Puget Sound ferry and toll bridge system, or to show cause why he should not execute such bonds. The application was based upon the affidavit of J. Webster Hoover, secretary of Washington Toll Bridge Authority, and upon certain written exhibits attached to and made a part of the affidavit. Upon the showing presented by the application, the chief justice issued an order directing the respondent to show cause why the writ should not issue. In response to the order, the respondent filed a demurrer to relator's application, on the ground that it did not state facts sufficient to entitle relator to any relief in the premises. At the same time, respondent filed an answer admitting all of the allegations contained in relator's affidavit and setting forth, as an affirmative defense, his reasons for not executing the bonds. Upon these pleadings, the cause was argued and submitted to this court for decision.

There is no dispute concerning the facts as set forth in the pleadings and amplified by the exhibits attached thereto.

The Washington Toll Bridge Authority, consisting of five state officials, was created by chapter 173, Laws of 1937, Rem.Rev.Stat., Vol. 7A, § 6524-1 et seq. The title to that act reads as follows: 'An Act relating to toll bridges; creating the Washington Toll Bridge Authority and providing for certain officers as [32 Wn.2d 16] members thereof; relating to the powers and duties of the Washington Toll Bridge Authority and certain officers; providing for the investigation, examination, survey, recognizance [reconnaissance], construction and operation of toll bridges; providing for the examination, survey, reconnaissance, construction and operation of toll tunnels; providing for the acquisition of property for toll tunnels, their approaches, and establishment; providing for the issuance and sale of bonds and the conditions, terms and redemption thereof; providing for the deposit and use of certain funds and revenues; defining terms; repealing acts and parts of acts in conflict; providing for constitutionality; and declaring an emergency.' (Italics ours.)

Section 3 of the act, Rem.Rev.Stat., Vol. 7A, § 6524-3, provides in part: 'The Washington Toll Bridge Authority is empowered, in accordance with the provisions of this act, to provide for the establishing and constructing of toll bridges upon any public highways of this state together with approaches thereto wherever the same is considered necessary or advantageous and practicable for crossing any stream, body of water, gulch, navigable water, swamp or other topographical formation whether the same is within this state or constitutes a boundary between this state and an adjoining state or country. The necessity or advantage and practicability of any such toll bridge shall be determined by the Washington Toll Bridge Authority and the feasibility of financing any toll bridge in [200 P.2d 469] the manner provided by this act shall be a primary consideration and determined according to the best judgment of the Washington Toll Bridge Authority. * * *' (Italics ours.)

Section 3 1/2 of the act, Rem.Rev.Stat., Vol. 7A, § 6524-3 1/2 provides in part: 'The Washington Toll Bridge Authority is hereby empowered to provide for the establishment, construction and operation of toll tunnels and other facilities necessary for their construction and connection with public highways of this state. * * *' (Italics ours.)

Section 6, Rem.Rev.Stat., Vol. 7A, 6524-6 provides that if the Washington Toll Bridge Authority determines to construct any toll bridge or toll bridges, it shall pass a resolution authorizing the issuance of revenue bonds in an [32 Wn.2d 17] amount not in excess of that estimated to be required for such construction.

Section 7, Rem.Rev.Stat., Vol. 7A, § 6524-7, provides that any and all bonds issued for the construction of any toll bridge or toll bridges shall be a direct lien and charge upon the tolls and revenues derived from the operation of the particular toll bridge or toll bridges, for the constiuction of which the bonds are issued.

Section 14, Rem.Rev.Stat., Vol. 7A, § 6524-14 provides that the proceeds of such bonds shall be paid out or disbursed solely for the construction of such toll bridge or toll bridges for which the bonds were issued and sold.

Reference to and quotation from these several portions and sections of chapter 173, Laws of 1937, have hereinabove been made for the explicit purpose of drawing attention to the fact that the 1937 act relates solely to toll bridges and toll tunnels, and that under that act the powers and duties of the Washington Toll Bridge Authority are limited to those matters and things which are involved in and necessary for the construction and operation of toll bridges and toll tunnels, together with their approaches, upon or in connection with the public highways of this state. It is also apparent, from what has been set forth above, that the 1937 act did not contemplate nor make the slightest reference to ferries or to the acquisition and operation thereof. For that matter, the legislative act did not even confer upon the toll bridge authority the power to purchase toll bridges or toll tunnels, but only the power to construct and operate them. All of the sections of the 1937 act, sixteen in number, bear out the statements just made, and, in fact, there is no contention to the contrary.

The validity of the 1937 act was tested and upheld in State ex rel. Washington Toll Bridge Authority v. Yelle, 195 Wash. 636, 82 P.2d 120, and State ex rel. Washington Toll Bridge Authority v. Yelle, 197 Wash. 110, 84 P.2d 688, wherein the construction of the 'Narrows Bridge' in Pierce county and that of the 'Lake Washington Toll Bridge' in King county, respectively, were involved.

[32 Wn.2d 18] Late in 1940, the Narrows Bridge collapsed, and in the following session of the legislature, chapter 9, Laws of 1941, Rem.Supp. 1941, § 6524-3b et seq., was passed, as an emergency measure, ratifying all of the acts of the department of highways done in connection with the operation and maintenance of a ferry service at the Narrows Bridge subsequent to its collapse, and authorizing the continuance of such service.

In 1945, the legislature enacted chapter 266, Laws of 1945, Rem.Supp. 1945, § 6524-3a. This is the act upon which the relator herein relies in support of its petition for a writ of mandate. The 1945 act originated as House Bill No. 343 and was introduced in the House of Representatives on February 14th of that year. House Journal, p. 255. The title of the original bill related solely to toll bridges, and the body of the bill simply authorized the Washington Toll Bridge Authority 'to acquire by purchase and to operate and finance such toll bridges upon, or connecting with, any highway, together with approaches thereto;' whereas the 1937 act had previously authorized the toll bridge authority only to construct and operate toll bridges and toll tunnels. House Bill No. 343 was amended, however, on the floor of the House on February 27, 1945, House Journal, pp. 451-452, and, when finally passed on March 7th, became chapter 266, Laws of 1945. The title of the act as thus [200 P.2d 470] finally passed reads as follows: 'An Act relating to toll bridges; relating to the powers and duties of the Washington Toll Bridge Authority and certain officers; authorizing the purchase and operation of toll bridges, highway and ferry connections and approaches thereto; providing for issuance and sale of bonds and the conditions, terms and redemption thereof; providing for the deposit and use of certain funds and revenues; and amending chapter 173, Laws of 1937, by adding a new section thereto to be known as section 3A.' (Italics ours.)

The 1945 act, consisting of a single section with several subdivisions, provides in part:

'Section 1. Chapter 173, Laws of 1937, is amended by adding thereto a new section following section 3, to be designated section 3A, which shall read as follows

[32 Wn.2d 19] 'Section 3A. (a) The Washington Toll Bridge Authority, whenever it is considered necessary or advantageous and practicable, is empowered to provide for the acquisition by purchase of, and to acquire by purchase, (1) any bridge or bridges or ferries which connect with or may be connected with the public highways of this state, and (2) together with approaches thereto. * * *' (Italics ours.)

It will be noted that the title to the 1945 act as finally passed designates the act as one relating to toll bridges and to the powers and duties of the Washington Toll Bridge Authority, and then refers to 'toll bridges' and 'ferry connections' as though these were structures connected with each other; whereas the body of the act refers to bridges or ferries, in the disjunctive and as though there was no necessary connection between them. It will also be noted that the 1945 act contains the...

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48 practice notes
  • Washington Federation of State Employees v. State, No. 62082-2
    • United States
    • United States State Supreme Court of Washington
    • August 31, 1995
    ...the title reflects the subject matter of the act. State ex rel. [901 P.2d 1035] Washington Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 23, 200 P.2d 467 Page 557 Finally, there is no particular obstacle raised by the fact that repeal of a statute may be a subject of the legislation without in......
  • Lee v. State, No. 92708–1
    • United States
    • United States State Supreme Court of Washington
    • May 26, 2016
    ...824, 31 P.3d 659 (2001) ; Amalg. , 142 Wash.2d at 206, 11 P.3d 762 ; State ex rel. Wash. Toll Bridge Auth. v. Yelle , 32 Wash.2d 13, 23, 200 P.2d 467 (1948). The opponents have met the requirements of taxpayer standing, and we need not reach the issues of individual and legislator standing.......
  • State v. Broadaway, No. 64654-6
    • United States
    • United States State Supreme Court of Washington
    • August 21, 1997
    ...will not be given force. See Thorne, 129 Wash.2d at 758, 921 P.2d 514 (citing State ex rel. Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 26, 200 P.2d 467 The legislative title of Initiative 159 is restrictive. A restrictive title "is one where a particular part or branch of a subject is carve......
  • Filo Foods, LLC v. City of Seatac, No. 89723–9.
    • United States
    • United States State Supreme Court of Washington
    • August 20, 2015
    ...Mgmt. v. State, 149 Wash.2d 622, 633, 71 P.3d 644 (2003) (quoting State ex rel. Wash. Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 26, 200 P.2d 467 (1948) ). ¶ 11 Here, the ballot title to Proposition 1 stated:Proposition No. 1 concerns labor standards for certain employers.This Ordinance req......
  • Request a trial to view additional results
48 cases
  • Washington Federation of State Employees v. State, No. 62082-2
    • United States
    • United States State Supreme Court of Washington
    • August 31, 1995
    ...the title reflects the subject matter of the act. State ex rel. [901 P.2d 1035] Washington Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 23, 200 P.2d 467 Page 557 Finally, there is no particular obstacle raised by the fact that repeal of a statute may be a subject of the legislation without in......
  • Lee v. State, No. 92708–1
    • United States
    • United States State Supreme Court of Washington
    • May 26, 2016
    ...824, 31 P.3d 659 (2001) ; Amalg. , 142 Wash.2d at 206, 11 P.3d 762 ; State ex rel. Wash. Toll Bridge Auth. v. Yelle , 32 Wash.2d 13, 23, 200 P.2d 467 (1948). The opponents have met the requirements of taxpayer standing, and we need not reach the issues of individual and legislator standing.......
  • State v. Broadaway, No. 64654-6
    • United States
    • United States State Supreme Court of Washington
    • August 21, 1997
    ...will not be given force. See Thorne, 129 Wash.2d at 758, 921 P.2d 514 (citing State ex rel. Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 26, 200 P.2d 467 The legislative title of Initiative 159 is restrictive. A restrictive title "is one where a particular part or branch of a subject is carve......
  • Filo Foods, LLC v. City of Seatac, No. 89723–9.
    • United States
    • United States State Supreme Court of Washington
    • August 20, 2015
    ...Mgmt. v. State, 149 Wash.2d 622, 633, 71 P.3d 644 (2003) (quoting State ex rel. Wash. Toll Bridge Auth. v. Yelle, 32 Wash.2d 13, 26, 200 P.2d 467 (1948) ). ¶ 11 Here, the ballot title to Proposition 1 stated:Proposition No. 1 concerns labor standards for certain employers.This Ordinance req......
  • Request a trial to view additional results

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