State v. Clausen
Decision Date | 30 March 1920 |
Docket Number | 15620. |
Citation | 110 Wash. 525,188 P. 538 |
Court | Washington Supreme Court |
Parties | STATE ex rel. STATE RECLAMATION BOARD et al. v. CLAUSEN, State Auditor. |
Original proceedings in mandamus by the State of Washington, on the relation of the State Reclamation Board of the State of Washington and George J. Hurley, to compel C. W. Clausen, as State Auditor of the State of Washington, to issue a warrant against the state reclamation revolving fund. Writ ordered to issue.
L. L Thompson, Atty. Gen., and Glenn J. Fairbrook of Seattle, for plaintiffs.
Frank C. Owings, of Olympia, for defendant.
This is an original mandamus proceeding in this court, wherein the relators seek a writ of mandate to compel the state auditor to issue a warrant against the state reclamation revolving fund to the relator George J. Hurley, in payment for 160 acres of land purchased from him by the state reclamation board under the land settlement act, Laws of 1919, c. 188, p 583. The auditor has refused to issue the warrant as demanded of him, basing his refusal upon the sole ground that the land settlement act is unconstitutional.
To the end that we have clearly before us the full purpose and scope of the land settlement act, we deem it desirable at the outset to here quote the larger portion of it, as follows:
The state reclamation act, Laws of 1919, c. 158, p. 442, provides for the composition and organization of the state reclamation board mentioned in the above-quoted portion of section 3, of the land settlement act. The state reclamation act also renders it plain that the state reclamation revolving fund from which the appropriation made by the above-quoted section 8 is, and is to become, largely, if not wholly, the product of taxes levied and to be levied upon all property in the state subject to taxation, in the same manner as the state general taxes are levied. In view of the express provisions of section 9 above quoted, we need only concern ourselves in this case with the question of the constitutionality of the act in so far as it authorizes the expenditure of public funds raised by taxation in the purchase by the reclamation board of land to be subdivided, improved, and disposed of as provided by the terms of the act, since we do not understand the contention here made in support of the auditor's refusal to issue the warrant as demanded of him, to be rested upon any other grounds of unconstitutionality than that the act, in so far as it authorizes the expenditure of public funds raised by taxation, is in excess of legislative constitutional power; in that it is, in effect, an exercise of the power to tax and to expend public funds so raised, for a purpose not public, but private--that is, for a purpose not governmental in the sense that such purpose is not a legitimate function of government.
We must, of course, proceed with our inquiry having in view the elementary principle that a tax can be lawfully levied, and the public funds so raised...
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