State Ex Rel. Graham v. City of Olympia

497 P.2d 924, 80 Wash. 2d 672, 1972 Wash. LEXIS 617
CourtWashington Supreme Court
DecidedJune 1, 1972
Docket41975
StatusPublished
Cited by30 cases

This text of 497 P.2d 924 (State Ex Rel. Graham v. City of Olympia) 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
State Ex Rel. Graham v. City of Olympia, 497 P.2d 924, 80 Wash. 2d 672, 1972 Wash. LEXIS 617 (Wash. 1972).

Opinions

Hunter, J.

This is a declaratory judgment action brought by the plaintiff (appellant), Robert V. Graham, State Auditor, to test the constitutionality of certain statutes which authorize the deposit of public funds, in this case by a municipal corporation, in interest-bearing time deposits with banks, mutual savings banks, and savings and loan associations, and seeking injunctive relief.1

There is no controversy as to the facts. On or about January 9, 1970, the State Auditor, through the division of municipal corporations, commenced a regular examination of the defendant (respondent), City of Olympia, as required by law. During the course of the examination, it was discovered that the City of Olympia had deposited or invested certain of its funds in interest-bearing time deposits [674]*674with the defendants (respondents), Seattle-First National Bank, National Bank of Commerce, and Thurston County Federal Savings and Loan Association. For each deposit, the City of Olympia received a certificate of deposit evidencing either a 90-day or a 6-month maturity date from the date of issue.

The time deposits made by the City of Olympia are expressly authorized under the provisions of Laws of 1951, ch. 6, § 1, p. 22 (RCW 33.52.010); Laws of 1965, ch. Ill, § 3, p. 1328 (RCW 32.12.100); and Laws of 1969, 1st Ex. Ses., ch. 193, p. 1457 (codified in part in RCW 39.58 and RCW 36.29.020).

The provision of our constitution asserted by the plaintiff to be violated by these statutes is Const, art. 8, § 7, which is as follows:

Credit not to Be Loaned. No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation.

By stipulation and order, Washington Mutual Savings Bank (respondent-intervenor), was allowed to intervene— it being the recipient of a 12-month time deposit made by the City of Olympia in June of 1970.

Upon a trial to the court, a judgment was rendered in favor of the defendants, upholding the constitutionality of all the contested laws and denying the requested injunctive relief. The plaintiff now prosecutes this appeal.

The plaintiff contends that time deposits of municipal funds in banks, mutual savings banks and savings and loan associations are unconstitutional loans of public funds or credit and that the statutes authorizing such deposits or investments are unconstitutional. It is argued that the framers of our constitution intended to prohibit such deposits of public funds when they enacted Const, art. 8, § 7. We do not agree.

[675]*675We have previously looked into the genesis of this provision of our constitution and found that the inclusion of article 8, section 7, was a response to loans and gifts made by other states and local governments to private companies to stimulate railroad development which, in many instances, became an improvident investment leaving the governments without recourse. PUD 1 v. Taxpayers of Snohomish County, 78 Wn.2d 724, 479 P.2d 61 (1971); Rauch v. Chapman, 16 Wash. 568, 48 P. 253 (1897).

It is apparent from the constitutional prohibitions in article 8, section 7, that the framers had in mind the security and protection of public funds. It is significant that prohibitions in this section of the constitution do not extend to the United States government, implicitly indicating that the framers were satisfied that investments of public funds in securities of the United States government would be adequately protected, and that no prohibition was necessary as required in the case of individuals, companies or corporations. We see no distinction in the security of public funds by their investment in United States government securities as compared to the security of those public funds deposited in banks, mutual savings banks, and savings and loan associations, which are insured by an agency of the United States government, about which we will discuss more in detail later in this opinion.

Also, it is significant in considering the intentions of our constitutional fathers, in the prohibitive language against loans, that this was not meant in the sense of prohibiting deposits in banking institutions, as it is clear from Const, art. 11, § 15, that it was their direction that municipal funds be deposited with the treasurer or other legal depositary. It reads:

Deposit of Public Funds. All moneys, assessments and taxes belonging to or collected for the use of any county, city, town or other public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the treasurer, or other legal depositary to the credit of such city, town, or other corporation re[676]*676spectively, for the benefit of the funds to which they belong.

(Italics ours.)

The constitutional delegates unquestionably had banking institutions in mind as legal depositaries as evidenced by their knowledge of banking practices from the references to banking institutions in other sections of the constitution.

This being true, they also knew it was a banking practice that monies deposited in banking institutions would be used by those institutions for banking purposes, creating the relationship of debtor and creditor. We believe, therefore, that the prohibition was against loans as used in the ordinary and popular sense, between a lender and a borrower, where a question of the security of funds in such transactions would be involved, rather than as in a debtor-creditor relationship arising from the deposit of funds in a banking depositary.

In the interpreting of our constitution the language employed must be taken and understood in its natural, ordinary, general, and popular sense. State ex rel. O’Connell v. PUD 1, 79 Wn.2d 237, 484 P.2d 393 (1971); State ex rel. State Capitol Comm’n v. Lister, 91 Wash. 9, 156 P. 858 (1916). In the ordinary and popular sense, a loan of money or credit is at once understood to mean a transaction creating the customary relation of borrower and lender. People take their money to banks, mutual savings banks, or savings and loan associations for deposit, and the institutions accept the money as deposits, and not as loans. It is doubtful that anyone ever takes money to a banking institution for deposit under the impression that the transaction is to constitute a “loan,” in the ordinary and popular sense of that word.

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Bluebook (online)
497 P.2d 924, 80 Wash. 2d 672, 1972 Wash. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-graham-v-city-of-olympia-wash-1972.