Kirkpatrick v. Board of Supervisors

136 S.E. 186, 146 Va. 113, 1926 Va. LEXIS 316
CourtSupreme Court of Virginia
DecidedNovember 26, 1926
StatusPublished
Cited by27 cases

This text of 136 S.E. 186 (Kirkpatrick v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirkpatrick v. Board of Supervisors, 136 S.E. 186, 146 Va. 113, 1926 Va. LEXIS 316 (Va. 1926).

Opinion

Chichester, J.,

delivered the opinion of the court.

This is an appeal from a final decree of the Circuit Court of Arlington county, entered October 21, 1926, in a chancery suit therein pending, in which the appellants here were complainants below, and the appellees were defendants below. The object of the suit was to enjoin the respondents from issuing $750,000 of bonds for the purpose of constructing and operating a public water supply in any of the magisterial districts of Arlington county, pursuant to the provisions of chapter 284 of the Acts of Assembly, 1926, under which act an election was held on June 15, 1926, submitting the question of the issuance of the bonds [118]*118to the voters of all the magisterial districts of the county. The election was carried in favor of the bond issue by large majorities in each district. The circuit court refused to grant the injunction and dismissed the suit at the cost of complainants..

The issues involved bring in question the validity of the bonds and were submitted to the court on the bill with exhibits and the answer.

The facts, which are undisputed, as gathered from these documents, as far as they are pertinent, are that at the 1922 session of the General Assembly of Virginia, an act was passed creating out of Arlington county a sanitary district to be known as Arlington sanitary district, and subdividing it into various zones and districts for the purpose, among other things, of providing a publicly owned water supply system or systems within the county and for the construction and financing of the same. Under the provisions of the act certain moneys were expended, the exact amount of which is not shown in the pleadings. The act is known as chapter 260 of the Acts of Assembly, 1922.

Subsequent thereto, at the 1926 session of the General Assembly, an act was passed known as chapter 284 of the Acts of Assembly, 1926, authorizing the board of supervisors of counties having a population of more than three hundred inhabitants per square mile to install a publicly owned water supply system or systems for the respective magisterial districts of such counties and providing for their construction and financing.

Under each of these acts the bonds were to be issued by the county on behalf of the respective districts, and the full faith and credit of the entire county was to be pledged as additional security for the bonds.

[119]*119On the 15th day of June, 1926, an election was held in Jefferson, Arlington and Washington magisterial districts of the county of Arlington, being all of the magisterial districts of the county, under authority of the act known as chapter 284 of the Acts of Assembly, 1926, on the question whether the board of supervisors of the county should issue bonds aggregating the sum of $750,000 for the purpose of installing and constructing a water supply system in each of the districts, it being the expressed intention of the board to construct and operate one supply system for the entire county running into all three of the districts and connecting for its water supply with the District of Columbia, provision having been made by act of Congress approved April 14, 1926, for the latter connection. The amount of bonds to be issued for the three districts by the county were prorated as follows: Jefferson magisterial district, $150,000; Arlington magisterial district, $350,000; Washington magisterial district, $250,000.

The election was held upon order of the judge of the circuit court of the county, entered in vacation; on the 14th day of May, 1926, upon a petition of the entire membership of the board of supervisors, in accordance with the provisions of the act. As a notice of the election, the sheriff posted a copy of the court order authorizing it on the 20th day of May, 1926, at each and all of the voting precincts of the county.

Ballots for the election bad printed thereon the words, “For Bond Issue” and “Against Bond Issue,” as is provided by the act.

At the election there were east for and against the bond issue the following ballots, to-wit: In Jefferson magisterial district, 420 ballots for, 58 ballots against; in Arlington magisterial district, 1,596 ballots [120]*120for, 172 ballots against; in Washington magisterial district, 578 ballots for, 42 ballots against. The report of the commissioners of election was filed in the clerk’s office of the circuit court on the 17th day of June, 1926, giving in detail the vote by precincts. The judge of the circuit court, in vacation, entered an order on the 27th day of September, 1926, authorizing and directing the board of supervisors to issue the bonds and proceed to carry out the will of the voters as expressed at the election.

On the 28th of September, 1926, the board of supervisors offered the bonds for sale upon sealed proposals. At the time for opening the proposals two bids were offered, each of them being at par, aggregating $210,-000, the bonds being apportioned among the magisterial districts as follows, Arlington magisterial district, $98,000; Jefferson magisterial district, $42,000; and Washington magisterial district, $70,000. Two hundred thousand dollars of bonds were sold to the Virginia Trust Company of Richmond, Va., and ten thousand dollars to R. H. Phillips of Washington, D. C. The proposals were received after due public notice and advertisement, the notice being sent to a very great number of bond purchasing firms and bond houses and being given wide publicity in the local newspapers and the press of the city of Washington, D. C.

The complainants are residents, citizens and property owners of Arlington county, Virginia, E. L. Kirkpatrick and L. C. MeNeman being residents and property owners of Arlington magisterial district; Charles E. Harrison and C. C. Donaldson being residents and property owners of Washington magisterial district; and Frances L. Caylor and Alice W. Semones being residents and property owners of Jefferson magisterial district, in Arlington county.

[121]*121There are ten assignments of error, and while a number of them raise nice questions they are all without merit in our opinion. They will be stated and discussed in the order in which they appear in the record.

1. “The act known as chapter 260, of the Acts of Assembly, 1922, is a special act applying to Arlington county only and creating from the said county a sanitary zone or district known as Arlington sanitary district which comprised the entire area of said county. The purpose of said act, among other things, was to provide for the construction, installation and operation of a publicly owned water supply system or systems in the various zones and districts in'said county to be laid out under the provisions of said act and to provide for a bond issue or bond issues to finance same. The act of 1926, known as chapter 284, under which said election was held is a general law applying to all counties in Virginia having a population of more than three hundred inhabitants per square mile as shown by the last United States census. These petitioners allege that the said act .of 1922, is an exception to the general law and being a special act for Arlington - county, is the only law now in effect under which bonds could be issued for the installation of a publicly owned water supply system.

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Bluebook (online)
136 S.E. 186, 146 Va. 113, 1926 Va. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkpatrick-v-board-of-supervisors-va-1926.