Green v. Okanogan County

Citations

• 60 Wash. 309
• 111 P. 226
• 1910 Wash. LEXIS 1044

Syllabus

<p>Appeal — Dismissal—Cessation of Contbovebsy. An appeal from a judgment dismissing an action to enjoin tbe execution of a contract for the construction of a county bridge, will not be dismissed on the ground that the controversy has ceased by reason of the defendant’s execution of the contract since the appeal was taken; since the court may still grant the appellants relief if the judgment was erroneous.</p> <p>Bridges —Proceedings —Navigable Streams — Statutes—Repeal. Rem. & Bal. Code, § 5680, providing for publishing notice and preliminary steps to declare a public necessity etc., before letting contracts for county bridges across navigable streams, was not super-ceded by the act of 1893 (Rem. & Bal. Code, § 5575), a general act, not complete in itself, relating to county road and bridge work, and containing no specific provisions relating to contracts for bridge construction across navigable streams; nor was it superseded by the act of 1903 (Rem. & Bal. Code, § 5585), relating to the letting of contracts where the estimated cost exceeds $150, since the latter is merely supplemental to and not conflicting with the earlier act, which relates chiefly to steps preliminary to the letting.</p> <p>Same — Effect of Federal Act. The operation of Rem. & Bal. Code, § 5680, providing for publishing notice and preliminary steps to declare a public necessity etc., before letting contracts for county bridges across navigable streams, is not affected by the subsequent Federal acts providing that navigable streams shall not be bridged except by consent of Congress and upon executive approval of the plans, as this but imposes an additional burden upon the county.</p> <p>Same — Contracts—Advertising for Bids — Emergency—Statutes —Construction. No emergency exists excusing the county commissioners from letting a bridge contract without competitive bids, within the contemplation of Rem. & Bal. Code, § 5585, in the case of new construction and where all the former means for crossing