Stetson v. City of Seattle

Citations

• 74 Wash. 606
• 134 P. 494
• 1913 Wash. LEXIS 2100

Syllabus

<p>Municipal Corporations — Legislative Powers — Initiative and Referendum — Ordinances—Time of Taking Effect. Under Seattle city charter, art. 4, § 1, adopting the principle of direct legislation, and providing that ordinances may he referred to a vote of the people, either upon petition of voters or by the council acting without petition, the operation of an ordinance is suspended when submitted to a vote by the council, although the charter does not expressly so provide; since the principle of direct legislation would otherwise he violated.</p> <p>Evidence — Judicial Notice. The courts can judicially notice that it might be impossible to hold a referendum election within thirty days after the passage of an ordinance.</p> <p>Municipal Corporations — Legislative Powers — Initiative and Referendum — Ordinances—Submission—Validity of Election. Seattle charter, art. 4, § 1, adopting the principle of direct legislation, and providing that any ordinance may be submitted by the city council “by itself without petition,” does not require that the ordinance shall call for its own submission, and it may he submitted by resolution. ,</p> <p>Same — Powers of Council — Ordinance—Amendment—Effect and Necessity of Referendum Vote. Under Seattle charter, art. 4, § 1, adopting the principle of direct legislation, and expressly superseding, in so far as conflicting therewith, par. 41 of § 18, art. 4, which gave the council the power to alter, amend or repeal any ordinance, the council has no power to alter, amend or repeal a referendum ordinance adopted by the people, but the same must bé referred to the people under the simple referendum; especially where the referendum ordinance had not yet gone into effect pending the future date fixed by the people for it to take effect.</p> <p>Same — Employees—Regulation op Hoots op Service — Statutes —Construction. A referendum ordinance providing that employees in the marine fire department shall be divided into two platoons for day and nigh