State v. Clausen

• Decision Date: 06 March 1917
• Docket Number: 13986.
• Citation: 163 P. 744,95 Wash. 214
• Court: Washington Supreme Court
• Parties: STATE ex rel. BOARD OF COUNTY COM'RS OF PIERCE COUNTY v. CLAUSEN, State Auditor.

163 P. 744

95 Wash. 214

STATE ex rel. BOARD OF COUNTY COM'RS OF PIERCE COUNTY v. CLAUSEN, State Auditor.

No. 13986.

Supreme Court of Washington

March 6, 1917

Petition for mandamus by the State of Washington, on the relation of the Board of County Commissioners of Pierce County, against C. W. Clausen, as State Auditor. Writ to issue.

Fred G Remann, of Tacoma, and J. T. S. Lyle, Asst. Atty. Gen. (Scott Z. Henderson, Asst. Atty. Gen., and P. C. Sullivan, of Tacoma, E. S. McCord, of Seattle, and Clinton W. Howard, of Bellingham, of counsel), for relator.

W. V Tanner, Atty. Gen., and R. E. Campbell, Asst. Atty. Gen (Glenn Fairbrook and C. E. Arney, Jr., Asst. Attys. Gen., of counsel), for respondent.

MORRIS, J.

On January 6, 1917, a special election was held in Pierce county at which the voters of that county authorized the incurring of an indebtedness not exceeding, exclusive of interest, the sum of $2,000,000, the proceeds of such indebtedness to be used in acquiring approximately 70,000 acres of land in the county to be, when acquired, conveyed to the federal government for a permanent mobilization, training, and supply station. The election resulted in the casting of 25,049 votes in favor of and 4,135 votes against the proposition. For the purpose of removing all legal obstacles to the incurring of this indebtedness and to insure the carrying out of its purposes by Pierce county, as well as authorizing counties generally aiding such undertakings, the Legislature at its 1917 session enacted two laws herein referred to as chapter 3 and chapter 4 of the Laws of 1917. The first of these acts chapter 3, is a compulsory act, applying to Pierce county alone, while the second, chapter 4, is a voluntary act, applicable to any county within this state. Subsequent to the passage of chapter 3 the county commissioners of Pierce county accepted the provisions of the act, under the authorization of the people as expressed at the election, and for that purpose expressed their intention to incur an indebtedness not exceeding the sum of $2,000,000, exclusive of interest, and to issue and sell county bonds for the purpose of acquiring, by condemnation or otherwise, the 70,000 acres, and conveying them to the United States for a permanent mobilization, training, and supply station. Thereafter the state board of finance entered into a contract with the board of county commissioners to purchase these bonds to the value of $50,000 and pay for the same out of the permanent school funds. The state auditor was directed to issue a warrant upon the permanent school fund in the sum of $50,000 in payment of these bonds, which he refused. Relator then came to this court and sued out this writ of mandate, by which we are asked to compel the state auditor to issue his warrant in order that the same may be used in the purchase of these bonds as contemplated by the state board of finance. This calls for an examination into the legal sufficiency of these acts, since if there is any valid law authorizing the issuance of these bonds by Pierce county, the duty of the state auditor is purely a ministerial one that can be controlled by an appropriate writ of this court. A sufficient understanding of chapter 3 may be had from its title and sections 1 and 2 of the act, which are follows:

'An act imposing upon Pierce county, as an arm and agency of the state, an indebtedness not exceeding two million dollars, exclusive of interest, requiring such county to issue its negotiable bonds therefor, levy taxes to pay the same with interest, acquire by condemnation or otherwise, approximately seventy thousand acres of land in such county, and donate and convey the same to the United States for a permanent mobilization, training and supply station for any or all such military purposes, including supply stations, the mobilization, disciplining and training of the United States army, state militia, and other military organizations, as are now or may be hereafter authorized or provided by or under federal law; conferring on such county the power of eminent domain for the purposes of this act; and providing procedure therefor; granting the consent of the state to such conveyance and ceding exclusive legislative jurisdiction to the United States over the lands so conveyed; declaring the existence of an exigency requiring the state and its governmental agencies to aid the federal government and declaring an emergency.

'Be it enacted by the Legislature of the State of Washington:

'Section 1. Whereas, in the judgment of the Legislature of the state of Washington, an exigency has arisen demanding the exercise of the sovereign power of the state to aid in repelling invasion, suppressing insurrection and defending the state in war, and

'Whereas, it is the duty of the state and its governmental agencies to aid the national government to the full extent of their means and ability; and whereas, the success or defeat of the national government is equally the success or defeat of the state, and

'Whereas, by the express mandate of article 10 of the state Constitution, it is made the duty of the Legislature to provide by law for organizing and disciplining the militia in such manner as it may deem expedient not incompatible with the Constitution and laws of the United States, and

'Whereas, by acts of Congress, including those approved June 3rd, 1916, and August 29th, 1916, and regulations of the War Department, disciplining by the federal government of the state militia (National Guard) and other federal, state and local military organizations, at mobilization, training and supply stations is, among other things provided, which method of disciplining the militia and other military organizations is, in the judgment of the Legislature, deemed expedient and proper and not incompatible with the Constitution and laws of the United States or existing laws of this state, and

'Whereas, the Secretary of War, with the approval of the President of the United States, deeming it expedient, has agreed on behalf of the federal government, to establish in Pierce county, Washington, a permanent mobilization, training and supply station, for any or all such military purposes as are now or may be hereafter authorized by provided by or under federal law, on condition that land in Pierce county aggregating approximately seventy thousand acres, at such location or locations as have been or may be hereafter, from time to time selected or approved by the secretary of war, be conveyed to the United States, with the consent of the State of Washington, free of cost to the United States, and

'Whereas, in the judgment of the Legislature, the location of such permanent mobilization, training and supply station within the limits of Pierce county, Washington, will aid and be of public benefit and advantage to the nation and state in repelling invasion, suppressing insurrection, defending the nation and state in war, and disciplining the militia, in which general public benefit and advantage Pierce county will also proportionately share, but in addition to its general benefit, it will also enjoy additional and special benefits, with other local benefits and advantages not accruing to the nation and other counties in the state, to an extent exceeding the cost of acquiring by condemnation, or otherwise, the site selected or to be selected as aforesaid, aggregating approximately seventy thousand acres of land, and

'Whereas, in the judgment of the Legislature, the site aforesaid can be acquired for not exceeding two million dollars, and

'Whereas, at a special election held in Pierce county on the 6th day of January, 1917, the voters of such county, by a more than three-fifths majority of those voting at said election, attempted to authorize the incurrence of an indebtedness of two million dollars, with interest, with which to acquire approximately seventy thousand acres of land in said county, and attempted to authorize such county to convey the same to the United States to be used as a permanent mobilization, training and supply station, for which attempted exercise of authority it is doubtful whether there was then in existence any law authorizing it, but the fulfillment of which purpose by Pierce county should, in the judgment of the Legislature, be required by the state.

'Sec. 2. That there is hereby imposed upon the county of Pierce, in the state of Washington, an indebtedness not exceeding, exclusive of interest, two million dollars, and the county commissioners of such county, acting as an arm and agency of the state, are hereby directed to incur an indebtedness not exceeding, exclusive of interest, two million dollars, with which such county, as an arm and agency of the state, is hereby required to acquire by condemnation or otherwise, land in Pierce county, Washington, aggregating approximately seventy thousand acres, at such location or locations as may have been or may be hereafter from time to time selected or approved by the secretary of war (of the due making of which selection the determination of the county commissioners of such county shall be conclusive) and convey all of such lands to the United States to be used by the United States for any or all such military purposes, including supply stations, the mobilization, disciplining and training of the United States Army, state militia, and other military organizations, as are now or may be hereafter authorized or provided by or under federal law, said indebtedness to be evidenced by negotiable bonds of Pierce county, payable in not more than twenty years, with interest not exceeding five per centum per annum payable annually.'

Section 1 of chapter 4 is the same as section 1 of chapter 3. Section 2 authorizes any county in the state to incur an indebtedness...