Seanor v. Board of County Commissioners

Citations

• 13 Wash. 48
• 42 P. 552
• 1895 Wash. LEXIS 48

Syllabus

<p>CONSTITUTIONAL LAW—APPROPRIATION OP LAND FOR HIGHWAYS — STATUTE VALID IN PART — ASSESSMENT FOR IMPROVEMENT OP COUNTY ROADS — OBJECTIONS TO.</p> <p>That portion of the act of March 15, 1893 (Laws 1893, p. 301), providing for the appropriation of right of way for the construction of county roads is unconstitutional, since it conflicts with the provisions of art. 1, § 16, of the state constitution, requiring the damages for the appropriation of land for such purposes to be ascertained by a jury, unless a jury be waived, in a proceeding instituted for that purpose. '</p> <p>That portion of the act of March 15,1893 (Laws 1893, p. 301)', which provides for the improvement of county roads already located, is valid, the provisions therefor not being dependent upon the sections of the act which are unconstitutional.</p> <p>The provision of the state constitution (art. 11, § 12), that the legislature shall not impose taxes upon municipal corporations for municipal purposes is not violated by the enactment of the statute (Laws 1893, p. 301), providing for the establishment and improvement of highways in counties, the assessment for which' improvements is to be levied by the county commissioners in certain proportions against the taxable property of the county, of certain cities, and of the road districts through which the highway may pass, and upon the property abutting upon the highway, as the improvement is for a county purpose, and an assessment therefor is not a tax within the meaning of the constitution.</p> <p>The provisions of §§ 18,19, Laws 1893, p. 301, requiring that when an aggrieved party appeals in the proceedings for the establishment of a highway, the clerk of the county commissioners shall transmit the record to the superior judge of the county, who shall file the transcript and docket the case, is not open to the objection that it imposes a public employment upon judges which is non-judicial, in violation of the prohibition of art. 4, § 15, of the constitut