State ex rel. Taro v. City of Everett

Citations

• 101 Wash. 561
• 172 P. 752
• 1918 Wash. LEXIS 871

Syllabus

<p>Mandamus—Parties — Rioht to Remedy — City Employees. A member of the fire department indirectly affected, though not a citizen or taxpayer of the city, has capacity to institute mandamus proceedings to compel the city council to put into effect an ordinance increasing the force in the fire department; inasmuch as the statutory writ of mandamus is not a prerogative writ but a civil procedure available to any person having the right, the same as the right to commence a civil action.</p> <p>Municipal Corporations—Indebtedness—Limitations—Fire Department—Expenses. The maintenance of an efficient force in the fire department of a city of the first class is a governmental function, to which the constitutional limitation upon municipal indebtedness has no application, which accordingly is no defense to mandamus proceedings compelling enforcement of an ordinance providing for the same.</p> <p>Mandamus'—To City Council—Discretion—Efficient Fire Department. The courts will not interfere with the discretion of the city authorities in determining the necessity of increasing the fire department, except for abuse of discretion or when the abuse is so gross that reasonable minds cannot differ thereon; and the decision of the electors of a city of the first class that a double platoon system is necessary for adequate fire protection is not unreasonable on its face.</p>