State ex rel. Strahorn v. Blake

Citations

• 26 Wash. 237
• 66 P. 396
• 1901 Wash. LEXIS 634

Syllabus

<p>MUNICIPAL CORPORATIONS-CONSTITUTIONAL LIMITATION ON INDEBTEDNESS-OVERISSUE OF BONDS-VALIDITY.</p> <p>Article 8, § 6, of the state constitution prohibits a city from becoming indebted in any manner to an amount exceeding 1% per cent, of its taxable property as shown by its last assessment, except that, by popular vote, at an election held for the purpose, the city may be authorized to become indebted to a further amount, hut not exceeding 5 per cent,, of its taxable property. The city of Olympia, having passed its limit of indebtedness under the first class, by popular vote authorized the issuance of bonds in the sum of $200,000, which sum was almost $5,000 in excess of what could he issued under the 5 per cent, limitation. Held, that where there is nothing in the record overcoming the prima facie presumption of the invalidity of such overissue of bonds, no presumption will arise that it was the intent of the voters to have such overissue charged against the class of indebtedness falling within the 1 y2 per cent, limitation, when to give effect to such presumption would render subsequent obligations of the city illegal.</p>