15 Wash. 9 | Wash. | 1896
The opinion of the court was delivered by
This action was brought to enjoin the respondents, as county officers, from proceeding, under an act of the legislature approved February 12, 1895 (Laws 1895, p. 3), entitled “An act to grant to and prescribe powers of counties relative to public works undertaken or proposed by the State of Washington, or the United States, and declaring an emergency,” to condemn land for a right of way for a ship canal to connect Lakes Union and Washington in King county with the waters of Puget Sound, an undertaking projected by the general government.
The constitutionality of the act is attacked upon several grounds, the first of which is that it is in violation of § 19, art. 2, of the constitution, which provides that “No bill shall embrace more than one subject, and that shall be expressed in the title.” Similar provisions are contained in the constitutions of many of the states, and there are so many cases bearing upon the proposition as to prevent a consideration of them in detail. It is well settled, however, by the weight of authority, that an act of the legislature will not he declared void except in cases where the violation of this constitutional inhibition is most clear, and sound policy and legislative convenience require that this provision should be liberally construed. The subject of this act is the condemnation and disposal of land by counties for a public use in relation to public improvements undertaken by the State or the United States; and, in our opinion, the subject matter of the act is fairly included within the’ scope of its title, and there is nothing misleading in
Another objection is that the act is in conflict with §7, art. 8, of the constitution, which provides that, “ No county . . . 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.” It is clear that neither the state nor the United Statesfis an “individual, association, company or corporation,” within the meaning of this section, and cannot legitimately be brought therein by any judicial construction thereof. Walker v. Cincinnati, 21 Ohio St. 14 (8 Am. Rep. 24).
It is next insisted that the act is obnoxious to the provisions of § 6, art. .8, of the constitution, which prohibits a county from incurring debt for any other than strictly county purposes, it being contended that the tax to be levied in the prosecution of said under
The remaining objection to the act and the one' most strongly insisted upon by the appellants is that the act authorizes the exercise of the state’s eminent domain for the use and benefit of the United States. But this is hardly a fair statement of the proposition. While it is proposed to convey the right of way, when obtained, to the United States, the improvement is for the use and benefit of the general public and in a much greater degree for the citizens of that locality.
Appellants, concede that there are several cases holding that the exercise of the state’s eminent domain can be for the benefit of the United States, but they contend that in such instances the question of the public use was a legislative and not a judicial question; but it is apparent that this can go only to the manner of deciding it, and if it is for a public use, the condition is satisfied, however decided.
A case very like the one at bar was that in the Matter of Petition of United States, 96 N. Y. 227, where many of the cases are taken up and considered. There, by an act of the legislature, the United States was granted the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvil creek, and for the construction of another channel from the North river to the East river through the Harlem Kills, and ceding jurisdiction. The undertaking was prosecuted jointly by the state and national governments, and the court said that if either party might proceed in the matter, “ it would be very singular if that which either party might do could not with equal propriety be accomplished by both.” If such were not the case, it might prevent the consummation of a great public undertaking, such as is contemplated here, on account of the vast expense, if it was to be exclusively borne by the locality principally benefited, and through the
We are of the opinion that no such condition of affairs was intended by the constitution makers, and there being no express provisions in the constitution prohibiting it, a narrow, technical construction should not he adopted to bring it about.
Affirmed.
Hoyt, C. J., and Dunbar, Anders and Gordon, JJ., concur.