Blaine v. Hamilton

116 P. 1076, 64 Wash. 353, 1911 Wash. LEXIS 831
CourtWashington Supreme Court
DecidedJuly 29, 1911
DocketNo. 9620
StatusPublished
Cited by20 cases

This text of 116 P. 1076 (Blaine v. Hamilton) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blaine v. Hamilton, 116 P. 1076, 64 Wash. 353, 1911 Wash. LEXIS 831 (Wash. 1911).

Opinion

Gose, J.

This is an action to enjoin King county and its officers from issuing its negotiable'bonds for $1,750,000, as authorized by the qualified voters of the county at an election held for that purpose on November 8, 1910. From a judgment for the defendants, the plaintiffs have appealed.

The bonds were authorized in pursuance, of a resolution of the board- of commissioners of King county, submitting to the qualified voters of the.county the question of issuing its bonds in the amount stated, the proceeds thereof to be expended for the following purposes and in the following amounts:

“(1) $750,000 for the excavation of a channel for the United States Government canal connecting the waters of Salmon Bay with the waters of Lake Washington, known,as the Lake Washington Canal.
“(2) $600,000 for acquiring rights of way for, and in dredging along the same, a straightened, widened and [355]*355deepened channel for the Duwaiiiish river along the lilies laid out by Commercial Waterway District No. 1 : .
“(3) $50,000 for the purpose of diverting the waters of Cedar River into Lake Washington along lines adopted by Commercial Waterway District No. 2 about to be formed.
“(4) $350,000 ‘in acquisition for public uses of sites for wharves and docks and of other rights and interest necessary to be acquired in aid or furtherance of said improvement or of securing the drainage or commercial public facilities and benefits to be derived therefrom.’ ”

• The resolution was incorporated in the- notice of election, and recites, that it is essential to the future growth, development, and prosperity of the county that its one harbor be made into a great and cheap harbor, to the end that it may retain and develop its natural commercial advantages; that the former policy of improving the harbor in parts had not proven advantageous; that the present harbor facilities- are inadequáte; that the expansion of the harbor can be best accomplished by means of a canal connecting Lakes Union and Washington with the bay, straightening, widening, and deepening the channel of the Duwamish river, and turning the waters of Cedar river into-Lake Washington'; and that the three matters are so naturally and necessarily related that they are, in fact, a single project consisting of interdependent parts. The 'resolution further recites that the acquisition of'sites for public wharves and docks is essential to the improvement as an entirety.' The question was submitted to the people- as a single propósition calling for a vote, “King County Harbor 'Bond Issue—Yes,” and “King County Harbor Bond Issue—No.” ' •' " 1 '

The appellants’ first and principal contention is that several separate, distinct, and independent enterprises weré'submitted to the people as a unit, compelling them to approve of reject the bond issue as an entirety, and that the election is therefore invalid. ' The argument is’ that 'such a submission permits a meritorious and popular iheasure to carry or to be borne down by ah undesirable one, and that the people [356]*356were not given an opportunity to exercise a full, free, and intelligent assent as the general law contemplates and requires. They further assert that the principle declared in the recent case of Blaine v. Seattle, 62 Wash. 445, 114 Pac. 164, requires a reversal of the judgment. This position makes a statement of the salient physical facts essential to a correct understanding of this case. The major portion of the city of Seattle,' containing four-fifths of the population of King county, lies upon a strip of land a few miles in width, bounded on the west by Elliott bay, on the north by Salmon bay and Lake Union, on the east by Lake Washington, and on the south by the Duwamish river. The Duwamish river is formed by the union of the White, Black, Cedar, and Green rivers, all of which, except Black river, which flows out of Lake Washington, have their source in the Cascade mountains. The Duwamish river empties into Elliott bay to the south of Seattle. The purpose of diverting the waters of Cedar river into the lake is to prevent the deposit of silt in the Duwamish river when Cedar river is at its flood, to drain the Duwamish valley, aid the sanitation of the lakes and their shores, and to aid in the operation of the locks. The rounded project, when completed, will practically belt the city with navigable waters. In the Blaine case, there was submitted to the people for a single affirmative or negative vote the proposition of bonding the city for specific sums for sites for fire houses, site for city stables, for the construction of fire houses, for a combined fire house and dock, for a police station, for an isolation hospital, for a bridge on Spokane avenue, and for a bridge on Westlake avenue. This was held to be violative of the constitution, art. 8, § 6, and the general law, in that it combined several nonrelated propositions. Speaking to that subject, we said:

“The vice of this method adopted by the,city to compel an affirmative vote on all eight measures is readily apparent upon an examination of the propositions submitted, proposi[357]*357tions in which there is nothing in common, nor any such unity of interest as would lead any one to either favor or disfavor all eight measures. Illustrating this view is the proposition for the two bridges. One calls for a bridge over the west waterway at Spokane avenue in the south part of the city, a matter in which the people of West Seattle and those interested in the waterways to the south are particularly interested, and which they deem of great value in the opening up of the Duwamish waterway scheme. The other calls for a bridge over the government canal at Westlake avenue in the northern part of the city, a project in which the people along the north end of Lake Union and the advocates of the government canal are deeply interested. There is nothing in common between these two propositions. One is a scheme for the development of the city to the north; the other a scheme for its' development to the south. The people in these widely separated districts have no common interest in any local improvement.”

And again, we said:

“Neither can they have their bridge unless they take city stables, a sub-police station, an isolation hospital, and other as dissimilar projects with it.”

And we quoted with approval from Stern v. Fargo, 18 N. D. 289, 122 N. W. 403, 26 L. R. A. (N. S.) 665, as follows:

“The authorities are nearly unanimous to the effect that a proceeding by which two questions are submitted when such questions or their subjects and purposes are not naturally related or connected, is invalid and renders any election at which such questions have been submitted invalid.”

A like view was announced in McBryde v. Montesano, 7 Wash. 69, 34 Pac. 559. We are, therefore, committed to the view that distinct, unrelated, and independent objects or purposes must be separately submitted by the ballot.

Counsel for the appellants, in his oral argument, stated that the true test of whether a proposition is single is, will it stand alone. This, we think, is but one of the tests of singleness, and might often be no test at all. The true [358]*358criterion is, are the several parts of the project so related that united they form in fact but one rounded whole.

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Cite This Page — Counsel Stack

Bluebook (online)
116 P. 1076, 64 Wash. 353, 1911 Wash. LEXIS 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaine-v-hamilton-wash-1911.