Gladwin v. Ames
Gladwin v. Ames
Opinion of the Court
The opinion of the court was delivered by
The statement of this case is found in 26 Wash. 272 (66 Pac. 391). The question at issue was the legality of certain warrants issued by the town of Cheney; the record showing that at the time of the issue of the warrants the municipality exceeded the limit of its indebtedness under the constitutional limitation of one and one-half per centum, and that no election had been held to validate any of the indebtedness. It was decided in that case that the rule announced by this court in Rauch v. Chapman, 16 Wash. 568 (48 Pac. 253, 36 L. R. A. 407, 58 Am. St. Rep. 52), in relation to the validity of warrants for necessary expenses in a county, applied to municipal corporations such as the town o-f Cheney. It was also decided
The warrants described in subdivisions “b,” “e,” “f,” “g,” “j” and “k” of the findings to which exceptions were taken by appellants, were issued for labor and material furnished in the building of a city jail. It seems too plain for argument that, considering the well-authenticated and well-known history of crime, it is absolutely necessary for the protection, and therefore for the existence of the city, that some provision should be made for the compulsory detention of criminals. Subdivision “m” refers to the warrant issued for guarding quarantine patients. Surely the protection of the health of the citizen from contagion is an imperative duty of the city, and in the performance of this duty it must necessarily incur expenses. The warrant falling under subdivision “n” was for publishing notice and printing ballots. A city organization, under our form of government - and under the charter provisions of this city, cannot be maintained without elections, and the law governing elections and insuring their efficacy cannot be enforced without expense. The impounding stock may very well be recognized as a necessity in all well regulated cities of the present day. It is not only conducive to cleanliness and the preservation of property, but to the
The judgment is affirmed.
Rea vis, O. J., and Fullerton, Mount and Anders, JJ., concur.
Reference
- Full Case Name
- R. S. Gladwin v. A. L. Ames, as City Treasurer
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- MUNICIPAL CORPORATIONS — LIMIT OP INDEBTEDNESS-NECESSAM EXPENSES. Warrants issued by a city in excess of its constitutional limit of indebtedness are valid on the score of necessity for the perpetuation of its corporate existence, when such warrants were issued to cover the expenses of constructing a jail, boarding prisoners, feeding impounded stock, guarding quarantine patients, publishing notice of election, printing ballots, insurance on city buildings, services in making assessment rolls, city printing, postage and stationery for city officers, and necessary expenses of the city clerk.