State ex rel. Cummings v. Johnson

Citations

• 105 Wash. 93

Syllabus

<p>Mandamus (33-36)-—To Officers—Controlling Discretion. A plain case is required before the prosecuting attorney will be required to file an information in quo warranto to test the validity of the incorporation of a town.</p> <p>Municipal Corporations (8)—Incorporation—Determination of Inhabitants—Conclusiveness. Under Rem. Code, § 7435, giving the county commissioners the power to ascertain and determine the number of inhabitants within the boundaries of a proposed town, their decision is conclusive, unless reviewed under the appeal statute, Id., § 3909.</p> <p>Same (4)—Territory Included—Unplatted Lands. Under Rem. Code, § 7481, providing that no more than 20 acres of unplatted land belonging to one person may be included within the corporate limits of a town of the fourth class, the inclusion of 20 acres and the exclusion of 22.15 acres of one owner is proper.</p> <p>Same (4). Although platted for agricultural or garden purposes, lands may be included within the corporate limits of a town as platted land, where they were surveyed and subdivided into small tracts, designated by lot numbers, with streets named.</p> <p>Taxation (6)—Uniformity — Exclusion From Incorporated Town. The exclusion from the corporate limits of a town of a portion of the owner’s agricultural lands is not a violation of the constitutional provision of uniformity of taxation; since the same cannot be taxed for municipal purposes.</p> <p>Municipal Corporations (8)—Incorporation—Validity. Where the county commissioners had jurisdiction of the incorporation of a town, and did not act in excess thereof, the questions decided by them are reviewable only on appeal.</p>