State ex rel. Thompson v. Burch

Citations

• 119 Wash. 1
• 204 P. 785
• 1922 Wash. LEXIS 1240

Syllabus

<p>States (25) — Appropriations—“Capital Outlays” — Powers or Officers — Improvements to Armory. Under Laws 1921, p 581, § 2, defining capital outlays by the state as those relating to the purchase of property and the making of new improvements, and the general appropriation act (Laws 1921, p. 605), the adjutant general is vested with authority and discretion to make an addition to an armory previously established by legislative enactment.</p> <p>Municipal Corporations (482, 484) — Indebtedness—Powers—Corporate Purposes — Construction of Armory — Constitutional and Statutory Provisions. 'Rem. Code, § 3831-5, authorizing cities to expend money for payment in whole or in part for an armory site is not violative of Const., art. 1, § 6, prohibiting indebtedness for other than strictly a municipal purpose; since a state armory constitutes a local benefit, under Rem. Code, § 7183, which authorizes the calling out of the National Guard in the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace occurring in the vicinity of any station of such organization. [See Rem. Comp. Stat., §§ 3996, 8469.]</p> <p>Same (482, 484). Where a city makes an appropriation for an armory building under legislative authority, it is exercising functions conferred by law, and its action is equivalent to the performance of a mandatory duty required by the legislature.</p>