State ex rel. Jackson v. King County

Citations

• 29 Wash. 359
• 69 P. 1106
• 1902 Wash. LEXIS 592

Syllabus

<p>COUNTIES-MAINTENANCE OE FERRIES-LEASE TO PRIVATE PARTIES.</p> <p>Under Laws 1899, p. 39, which provides that any county is authorized to operate and maintain a ferry across any body of water within or hordering on such county.” free or for toll, hy and under the direction and control of the hoard of county commissioners of such county, and as said board shall by resolution determine,” a county not only has power to operate a ferry, hut is authorized to maintain one by leasing a ferry owned by it to private individuals.</p> <p>SAME-CONTRACTS-REVIEW BY COURTS.</p> <p>Where a county acts within the scope of its powers, the policy of a contract made by it, viewed from a business standpoint, is not subject to review by the courts, unless such a gross abuse of power as to amount practically to fraud is shown.</p> <p>SAME-PUBLIC POLICY-SURRENDER OF CONTROL OF FERRY TO LESSEE.</p> <p>The fact that' a county in making a contract with private individuals to operate a ferry for a limited time agrees that the tolls to bo charged shall not he fixed below a minimum sum, and that not more than seven trips per day should, be required of them, would not invalidate the contract as being against public policy, on the ground that it amounts to a surrender hy the county of its direction and control over the ferry, inasmuch as the limitation contained in Laws 1899, p. 39, against a surrender of control merely requires the county to exercise its right of control in so far as to see that the tolls are reasonable and the service adequate.</p> <p>SAME-LEASE OF PROPERTY-COMPETITIVE BIDDING.</p> <p>Laws 1901, p. 183, providing for the leasing of county property upon competitive bids has no application to a contract by the county for the lease of it's ferry.</p>