83 P. 234 | Idaho | 1905
— This action involves the legality of the proposed issue of bonds by the city of Lewiston to pay the warrant indebtedness of the city, amounting to $62,500.
The questions submitted to the court below involve fifteen or more points, the first of which is whether the city of Lewiston is a legally organized municipal corporation of the state. That city existed under special charter granted by an act of the legislature of Washington Territory, approved January 15, 1863. Its corporate existence antedates the creation of the territory of Idaho by nearly three months, as Idaho Territory was organized by act of Congress, approved March 3, 1863. In Wiggin v. Lewiston, 8 Idaho, 527, 69 Pac. 286, this court, in effect, held that the city of Lewiston existed under a special and local law and that such law was not in conflict with the provisions of section 19 of article 3 of the state constitution, which prohibits local or special legislation upon the several subjects therein enumerated. As bearing upon this question, see In re Ridenbaugh, 5 Idaho, 371, 49 Pac. 12. The act granting a special charter to the city of Lewiston is not repugnant to any of the provisions of the state constitution. Section 2 of article 21 of that constitution is as follows: “All laws now in force in the territory of Idaho, which are not repugnant to this constitution shall remain in force until they expire by their own limitation or be altered or repealed by the legislature.” Under the organic act of the territory, the enactment of special laws was not prohibited. The special act granting a charter to the city of Lewiston was continued in force by the provisions of the constitution. Under the provisions of said section 2, all acts not repugnant to the provisions of the constitution were continued in force until they expired by their own limitation, or were altered or repealed by the legislature. The act granting such charter has not been repealed, but has to some extent been altered by amendment. The question as to whether
That part of said section 19 of article 3 involved in the question under consideration is as follows: “See. 19. The legislature shall not pass local or special laws in any of the following enumerated eases, that is to say: .... Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election districts, or school districts, except as in this constitution otherwise provided. ’ ’ In connection with this section I will also here quote other sections bearing on this question. Section 2 of article 11 is as follows: “No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are or may be, under the control of the state; but the legislature shall provide by general law for the organization of corporations hereafter to be created; provided, that any such general law shall be subject to future repeal or alteration by the legislature.” Section 1 of article 12 is as follows: “The legislature shall provide by general laws for the incorporation, organization and classification of the cities and towns in proportion to the population, which laws may be altered, amended or repealed by the general laws. Cities and towns heretofore incorporated may become organized under such general laws, whenever a majority of the electors at a general election shall so determine, under such provision therefor as may be made by the legislature.” I have no doubt that the legislature under the several provisions of our constitution above quoted has the authority to amend the special act granting a charter to the city of Lewiston as long as such amendment or amendments are germane to the object and purposes of such charter. In Farnsworth v. Lime Rock R. R. Co., 83 Me. 440, 22 Atl. 373, the supreme court of that state held, under a constitution similar to our own, which requires the formation of corporations to be under general statutes, did not apply to a charter granted by the legislature before such constitutional amendment. The court said: “The legislature having granted a charter be
Section 1, article 12 of the constitution, above quoted, provides for the incorporation, organization and classification of cities and towns by general law, and that such general laws may be altered, amended or repealed by general laws. It also provides that cities and towns incorporated prior to the adoption of the constitution may become organized under such general laws whenever a majority of the electors at a general election shall so determine under such provisions as may be made by the legislature. The legislature of this state has not enacted any law providing the method or manner of such change. I take it from all of the provisions of the constitution above quoted that the framers of our constitution intended to authorize the amendment of special laws within the scope and purpose of such laws. While it might be well for the legislature to submit acts passed for the amendment of special charters of cities to the electors of such cities prior to their going into effect, our constitution does not, in terms or by implication, require that to be done.
It is also contended that said act violates the provisions of section 16, article 3 of the constitution by reason of its having more than one subject. Said section of the constitution is as follows: “Every act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.” The title of said act is as follows: “An act to amend an act entitled ‘An act to amend the charter of the city of Lewiston,’ approved February 9, 1881, and to amend an act entitled [here contains a designation of the several acts affecting and amending the chater of said city] and establishing a new and complete charter for said city.”
The next question is, Does said act contravene or violate said section 19 of article 3 of the constitution of the state of Idaho, for the reason that it is a special act and prescribes the duties of city officers? We have answered this question above by holding that said act is not in contravention of any of the provisions of section 19, article 3 of the constitution.
It is next contended that said act contravenes and violates the provisions of section 1, article 12 of the state constitution, which section is as follows: “The legislature shall provide by general laws for the incorporation, organization and classification of the cities and towns in proportion to the population, which laws may be altered, amended or repealed by the general laws. Cities and towns heretofore incorporated may become organized under such general laws, whenever a majority of the electors at a general election shall so determine, under such provision therefor as may be made by the legislature.” As heretofore stated, all cities existing in Idaho prior to the adoption of the state constitution were existing under charters granted by special laws. The section last above quoted did not abolish the then existing city governments. By the provisions of said section 2 of article 11, the power of the legis
The next question presented is, Does section 3 of article 8 of the constitution prohibit the issuance of bonds to take up outstanding warrant indebtedness of said city incurred for the current pay of officers and ordinary expenses of the city? Said section is as follows: “No county, city, town, township, board of education or school district, or other subdivision of the state, shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from time of contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void; provided, that this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state.” The bonds proposed to be issued are to be issued for the purpose of funding the outstanding warrant indebtedness of the city. Such bonds will not increase the legal indebtedness of the city, but simply change the form of existing indebtedness from warrant to bond. Said section 3 of the constitution would be very clear and plain were it not for its proviso. The section first provides that no city shall incur any indebtedness in any manner or for any purpose exceeding in that year the incoming revenue provided for it for that year, without the assent of two-thirds of the qualified electors voting at an election held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay all interest on indebtedness as it falls due and to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting the debt. It also provides that any in
The remaining questions presented involve the validity of the city ordinances authorizing the submission of the question