State v. Superior Court for Chehalis County

• Decision Date: 16 October 1912
• Citation: 127 P. 120,70 Wash. 545
• Court: Washington Supreme Court
• Parties: STATE ex rel. GRIFFIN v. SUPERIOR COURT FOR CHEHALIS COUNTY et al.

127 P. 120

70 Wash. 545

STATE ex rel. GRIFFIN v. SUPERIOR COURT FOR CHEHALIS COUNTY et al.

Supreme Court of Washington

October 16, 1912

Department 1. Proceedings by the State of Washington, on the relation of A. H. Griffin, against the Superior Court for Chehalis county and Hon. J. R. Mitchell, as judge. Judgment for defendant and relator brings certiorari. Reversed and remanded, with instructions to enter judgment as directed.

Wm. A. Greene, of Seattle, and W. H. Abel, of Montesano, for plaintiff.

A Emerson Cross, of Aberdeen, for respondent.

CHADWICK J.

The only question involved in this case is the meaning of section 3 of the Law of 1909 (Laws 1909, c. 81), known as the 'Local Option Law.' 2 Rem. & Bal. Code, § 6294. Reference to the law will show that it was the intent of the Legislature to allow an immediate election if the people of any unit so desired, and that thereafter an election should be had only at a general county or state election. The purpose of the law being thus manifest, it is contended by the respondent that the words 'the last general election' in section 3, as used where reference is made to the petition, must necessarily be construed to mean the last biennial election. That part of section 3 involved in our inquiry reads as follows: 'Subscribed by qualified electors of the unit equal in number to at least thirty per cent. of the electors voting at the last general election within such unit.' It was maintained in the court below by the relator that 'the last general election' must mean the last city election. The lower court having held otherwise, the case is brought here by a writ of certiorari. The city election is a general election. It has been frequently held, and without question, by this court that a city election is a general election within the meaning of section 10, art. 11, of the Constitution. State ex rel Weisenthal v. Denny, 4 Wash. 135, 29 P. 991, 16 L. R. A. 214; Wade v. Tacoma, 4 Wash. 85, 29 P. 983; Seattle v. Clark, 28 Wash. 717, 69 P. 407; Hartig v. Seattle, 53 Wash. 432, 102 P. 408. A general election is an election held at stated intervals to fill the terms of public officers regularly expiring in virtue of the Constitution or some statute, and at which every one having the qualifications of an elector, a defined in the Constitution and general election laws, has a right to participate. 'A general election is an election held to select an officer after the expiration of the full term of the former officer.' 15 Cyc. 278; State ex rel. Fish v. Howell, 59 Wash. 492, 110 P. 386. An inspection of the whole law convinces us that the Legislature had in mind a broad question of public policy, and undertook to execute it by express provision of the law; that is, that communities should not be called upon to submit to elections of this character with unusual frequency, and, furthermore, that an election should not be called unless there was a reasonable probability of its successful termination upon the lines suggested in the petition. To that end, we believe that the words 'last general election' were used advisedly and mean any general election at which there has been a general and popular expression of the public will, whether that election be a state, county, or city election. Whether the statute would include other elections of a quasi general character we are not now called upon to decide.

It is earnestly insisted that our law must mean the last state or county election, otherwise the Legislature would have said in express terms, as was said in the local option statute of Kentucky, where it is provided that the petition shall...