State v. Clausen
| Decision Date | 20 December 1911 |
| Citation | 119 P. 797,66 Wash. 324 |
| Parties | STATE ex rel. ZYLSTRA et al. v. CLAUSEN, State Auditor. |
| Court | Washington Supreme Court |
Department 1. Mandamus by the State, on the relation of Riekele Zylstra and others, as Directors of Consolidated School District No 201 of Island County, against C. W. Clausen, as State Auditor, to compel the Auditor to accept bonds of the district, and to issue his warrant in payment thereof. Writ denied.
James Zylstra, for appellant.
W. V Tanner and R. E. Campbell, for respondent.
On August 13, 1910, pursuant to the statutes authorizing the consolidation of school districts, consolidated school district No. 201 of Island county was duly organized by the consolidation of former school districts Nos. 3, 6, 7, and 15. On June 21, 1911, an election was held in the consolidated district whereat it was determined to issue negotiable coupon bonds in the sum of $11,000 for the purpose of building and equipping a school building for the use of the consolidated district. Thereafter the bonds were executed and duly offered for sale, when the state of Washington acting through its officers authorized to invest the irreducible school fund, became the highest bidder for the same. The bid of the state was accepted, and the bonds tendered to the State Auditor on behalf of the state. The Auditor submitted them to the Attorney General for an opinion as to their regularity and validity, and acting on his advice, refused to accept or draw a warrant for the same on the ground that the issue was illegal. This is a proceeding in mandamus to compel the Auditor to accept the bonds, and issue his warrant in payment thereof.
The record discloses that, if the bonds tendered the Auditor were issued, their issuance would create an indebtedness on behalf of the consolidated district slightly in excess of 3 per centum of the taxable property therein as shown by the last assessment for state and county purposes. It appears, also that districts Nos. 6 and 7 had an indebtedness at the time of their consolidation exceeding 2 per centum of the taxable property therein as shown by the last assessment for state and county purposes. As each member of the consolidated district retains its corporate existence for the purpose of paying its prior indebtedness, and is subject to taxation therefor as a separate entity (Rem. & Bal. Code, § 4446), it is plain that the issuance of the bond in...
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Ericksen v. School Dist. No. 2 of Natrona County
...may a junior high school district, a kindergarten district, and in fact a district for every grade of school. See State ex rel. Zylstra v. Clausen, 66 Wash. 324, 119 P. 797, Ikard v. Union Graded School Dist. No. 64 of Caddo Co. et al., 101 Okl. 80, 223 P. 141, Mistler v. Eye, 107 Okl. 289,......
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Huffman v. School Board
...under our statutory limitation. Decisions from other jurisdictions are of little help to us in this proceeding. In State ex rel. Zylstra v. Clausen, 66 Wash. 324, 119 P. 797; Cheek v. Eye, 96 Okl. 44, 219 P. 883; Ikard v. Union Graded School Dist., 101 Okl. 80, 223 P. 141; and Mitsler v. Ey......
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Bd. of Ed. of Town of Owasso v. Short
...We think the correct rule where the bonds have not been sold, as in the case at bar, is stated in the case of State ex rel. Zylstra v. Clausen (Wash.) 66 Wash. 324, 119 P. 797: "The relator contends, further, that the bonds are void only for the excess over and above the limitations of 5 pe......
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Paine v. Port of Seattle
... ... provides for the creation of a municipal corporation not ... recognized by the state Constitution. Our attention is called ... to certain provisions of the Constitution wherein counties, ... cities, towns, and school ... Some reliance is ... also placed upon our decision in State ex rel. Zylstra v ... Clausen, 66 Wash. 324, 119 P. 797. That case presented ... the question of the measure of the constitutional debt limit, ... where on school ... ...