Opportunity Township v. Doepke

361 P.2d 754, 58 Wash. 2d 237, 1961 Wash. LEXIS 294
CourtWashington Supreme Court
DecidedMay 11, 1961
DocketNo. 35717
StatusPublished
Cited by2 cases

This text of 361 P.2d 754 (Opportunity Township v. Doepke) 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
Opportunity Township v. Doepke, 361 P.2d 754, 58 Wash. 2d 237, 1961 Wash. LEXIS 294 (Wash. 1961).

Opinion

Rosellini, J.

We are asked to construe the statutes relating to townships and to determine whether a township poundmaster must be elected by the electors or appointed by the board of supervisors, and whether the statutes prescribe a definite term of office for him.

The respondent was first appointed poundmaster by the supervisors of Opportunity township in the year 1940, according to the town records which were introduced in evidence in the trial of this action. He was reappointed from time to time over the succeeding years; however, the [238]*238minutes of the town meeting show that in 1947, he was elected by the electors. Premises which he owned were designated by the electors as the pound. In 1956, the electors passed an ordinance regulating dogs, some of the provisions of which were to be enforced by the poundmaster.

Throughout the years, the respondent’s compensation was determined by agreement with the supervisors. He was last appointed poundmaster, by the supervisors, in January, 1959. The following May, they discharged him. However, the respondent refused to abdicate the office, so the supervisors instituted this action to enjoin him from holding himself out as poundmaster of Opportunity township.

A trial was had, and at its conclusion the trial court determined that the office of poundmaster was an elective office, that the respondent was elected in 1947 and had been holding over in the office since that time, inasmuch as no successor had been elected and qualified. The court also concluded that he was entitled to remain in the office until January, 1960, and was entitled to reasonable compensation, which it found to be the amount which he had been receiving each month under his latest agreement with the supervisors.

The appellant contends that the court erred in so holding.

Insofar as our research and the briefs of counsel reveal, the statutes in question have not been construed by this court. Nor have we been able to discover any case involving a similar question in .the reports of other states. We therefore must confine ourselves to the language of the statutes themselves, and the applicable rules of construction.

The laws governing township organization are contained in Title 45 of RCW. The legislative powers of townships are vested in the electors, and the executive powers reside in the board of three supervisors, the town clerk, the treasurer, and the assessor. Other elective officers are the justice of the peace and the constable. RCW 45.12.080 provides that all of these officers are to be elected at town meetings. RCW 45.12.180 provides that they are to be elected by ballot. All other officers if not otherwise provided by law, are to be [239]*239chosen either by yeas or nays or by a division, as the electors determine.

RCW 45.12.100 (1) provides that the electors have the power to determine the number of poundmasters and the location of pounds. And RCW 45.36.010 provides:

“Whenever the electors of any town determine at their annual meeting to erect one or more pounds therein, the same shall be under the care and direction of such pound-masters as are chosen or appointed for that purpose. [1895 c 175 § 95 . . .]”

In RCW 45.36.030, the poundmaster is required to make a report to the supervisors on any animal which he has impounded and sold, and pay over to them the balance remaining after deduction of his legal fees and expenses. This portion of the statute also prescribes the fees to be charged for care of impounded farm animals; however, it does not mention household pets.

RCW 45.16.010 provides that the supervisors, town clerk, treasurer, assessor, and constable must take an oath of office. Each of these is an officer who must be elected, according to the provisions of RCW 45.12.080. That section places in the board of supervisors the power to appoint overseers of roads and highways. These appointive officers are required to take oaths, but the poundmaster is not. However, he is directed in RCW 45.16.040 to file an acceptance of office.

RCW 45.24.010 provides that the supervisors shall have charge of such affairs of the town as are not by law committed to other town officers. Among their powers is the power to appoint a police judge. They are the only township officers given appointive powers. The power to fill vacancies in elective offices resides in the county commissioners under the provisions of RCW 45.20.020.

RCW 45.16.120 provides:

“Town officers, except as otherwise provided, hold their offices for one year and until others are elected or appointed in their places and are qualified. All officers shall qualify and enter upon the duties of their offices at the first regular meeting of the board of supervisors following their election, and such first meeting of the board of supervisors shall be [240]*240held within thirty days after such election. [1923 c 13 § 5 . . .]”

It will be seen from the above resume that there is a small hiatus in the law governing poundmasters. The statutes do not designate the person or persons by whom they shall be appointed nor do they expressly provide a term of office. Although the electors are given the power to determine whether and where there will be pounds, and how many poundmasters there shall be, they are not designated as the choosing or appointing body. Such other appointments as are provided for in the act are to be made by the supervisors. The elective officers named in RCW 45.12.080 are required to take an oath. Poundmasters are only required to file an acceptance of their office. They are responsible directly to the supervisors for the conduct of their pounds. They are not included among the officers who must be elected at town meetings, under RCW 45.12.080.

In an endeavor to gain some clue to the legislative intent in this matter, we have examined the statutes providing for the election of poundmasters in first, second, and third class cities and in towns, resorting to the rule that statutes which are in pari materia should be construed together and harmonized if possible. This rule was well stated in State v. Houck, 32 Wn. (2d) 681, 203 P.

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Cite This Page — Counsel Stack

Bluebook (online)
361 P.2d 754, 58 Wash. 2d 237, 1961 Wash. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opportunity-township-v-doepke-wash-1961.