Hunt v. Fawcett

Citations

• 8 Wash. 396
• 36 P. 318
• 1894 Wash. LEXIS 77

Syllabus

<p>COUNTY INDEBTEDNESS — RATIFICATION — FUNDING BONDS — POWERS OF COMMISSIONERS.</p> <p>The valuation of property in a county for the purposes of state and county taxation becomes fixed and certain, not upon the adjournment of the county board of equalization, but upon the completion of the equalization of values by the state board.</p> <p>Under Laws 1898, p. 181, §1, provision is made for the ratification of such invalid county indebtedness only as was incurred prior to March 9,1893, the date that said act took effect.</p> <p>The joinder in one proposition for submission to the voters for ratification of indebtedness which cannot be validated with that which may be vitiates and renders nugatory the entire proceeding.</p> <p>Under Laws 1898, p. 181, §2, a proposition submitted to the voters of a county for the purpose of ratifying its invalid indebtedness is illegal, when it does not specify the dates at or between which the different items of indebtedness were attempted to be incurred.</p> <p>Where county commissioners are authorized to issue bonds for funding indebtedness without an election being held therefor, the fact that the bonds are issued pursuant to an election will not affect the validity of the issue.</p> <p>A county is not authorized, under Laws 1889-90, p. 37, §3, after it has reached an indebtedness of one and one-half per cent, of the assessed valuation of its property, to borrow money upon an issue of bonds voted by the people and apply any of, the proceeds to the redemption of its outstanding warrants within the one and one-half per cent, limit, for the purpose of issuing new warrants in their stead for current expenses.</p> <p>The payment of a commission to the purchaser of county bonds is contrary to the provisions of the statute prescribing that such bonds shall not be sold at less than their par value. (Hoyt, J., dissents.)</p> <p>(Stiles, J., dissents.)</p>