Revelare International Secret Service v. Whatcom County
Revelare International Secret Service v. Whatcom County
Opinion of the Court
— The question in this case concerns the sufficiency of a complaint to recover for services and expenses in the performance of a contract made with certain officers of Whatcom county under the provisions of ch. 30, Laws of 1919, p. 57.
The act provides for the disposition of fines and forfeitures for violation of the provisions of initiative measure No. 3, enacted by popular vote in November, 1914. It states, among other things, as follows:
“Provided, however, that fifty per cent (50%) of all fines collected for the violation of any of the provisions of Initiative Measure No. 3 enacted by the people*647 November 3, 1914, shall be turned in to the county-treasurer of the county wherein such violation occurred, to be kept as a special fund by said county treasurer and to be used for the purpose of obtaining evidence in other cases pertaining to the violation of the provisions of said Initiative Measure No. 3 enacted by the people November 3, 1914, said fund to be drawn upon by vouchers by the sheriff of the county wherein the said violation occurred and approved by the prosecuting attorney and a majority of the board of county commissioners of said county.” (Laws of 1919, ch. 30, § 1, p. 57; Rem. Comp. Stat., '§ 4940.
The complaint alleges, in substance, that the sheriff and prosecuting attorney of the county, with the knowledge, approval and consent and by the authority of the board of county commissioners of "Whatcom county, and in accordance with the universal practice of the county commissioners, sheriff and prosecuting attorney with relation to the creation of obligations against and the expenditure of funds of the liquor investigation fund, on behalf of themselves, sheriff and prosecuting attorney, and on behalf of the county commissioners and the county of Whatcom, entered into a written contract with the plaintiff to render services in obtaining evidence pertaining to violations of the provisions of initiative measure No. 3. The complaint sets out in full the written contract signed by the sheriff and prosecuting attorney. The complaint further alleges the rendition of services and the incurring of expenses pursuant to the contract, the drawing of vouchers by the sheriff upon the liquor investigation fund for the amounts due; that they were duly approved by the sheriff and prosecuting attorney, duly filed with the county auditor and presented to the board of county commissioners; that the vouchers were duly subscribed and sworn to by the plaintiff and that they
The arguments on behalf of the respondents in support of the judgment are: That, as it appears upon the face of the complaint, the contract was one between the appellant on the one side and the sheriff and prosecuting attorney on the other side, and not a contract with Whatcom county represented by the respondents; that the county commissioners are the business agents of the county, which cannot be bound directly or indirectly by a contract not approved by a majority of the board; and that the relief demanded in the complaint is governed by a law which requires that any voucher drawn on the fund must be approved by the prosecuting attorney and a majority of the board of county commissioners, which requires the exercise of
Concerning the third point, mandamus lies to compel the ordering of and the issuance of a warrant by the county auditor to pay a claim arbitrarily rejected by the county commissioners. “ ‘In our practice, mandamus is nothing more than one of the forms of procedure provided for the enforcement of rights and the redress of wrongs.’ ” State ex rel. Clapp v. Urquhart, 108 Wash. 299, 183 Pac. 121; State ex rel. Brown v. McQuade, 36 Wash. 579, 79 Pac. 207; State ex rel. Race v. Cranney, 30 Wash. 594, 71 Pac. 50; State ex rel. Taro
Reversed, with directions to overrule the demurrer.
Parker, O. J., Fullerton, Tolman, and Bridges, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.