3 Wash. 7 | Wash. | 1891
The opinion of the court was delivered by
The issue in this case make the existence of thecity of New Whatcom, Whatcom county, depend upon our answer to the following questions: (1) Must the vote of the electors of two municipal corporations, which propose to consolidate under the provisions of § 10 of the act of March 27,1890 (Acts, p. 138), be taken at a general election in accordance with the second clause of article 11, § 10 of the constitution, or may it be taken at a special election, as permitted by the act ? (2) Is the subject-matter of § 10 within the title of the act referred to, viz., “An act providing for the organization, classification, incorporation and
With regard to the first point, it is to he remarked that the constitution (article 11, § 10) merely limits the legislature in its dealing with municipal corporations to a system of general laws applicable to all, instead of the system of no system through special laws theretofore prevalent; and it
On the second point we are equally clear. What is effected in the consolidation of two cities is finally incorporation, which is the generic subject of this act. Preliminary to this in this case was the disincorporation of both cities; but the object to beattainedwasnot the disincorporation or the re-incorporation of either, but the incorporation of both as one. The title of an act is not intended to be a glossary of its contents, nor is the constitutional provision with regard to titles meant to provide an index to the statutes. The real object of such provisions is to prevent surreptitious legislation on matters which are not germane to the declared object of an act as expressed in its title;
Upon the third point we see no room for argument even. There is not a word going to show any intention to bar preexisting municipal corporations from the privileges of § 10; and, liad there been, query whether their exclusion might not have been unconstitutional. However, the clause of the section making the provisions of §§ 5 and 6 of the act apply to the new corporation and the officers thereof, is urged as rendering it impracticable to unite corporations, one of which was created by special charter. But we can see no difficulty which would he likely to arise upon the union of two such corporations that would not appear with equal force upon the consolidation of two entirely new cities, incorporated under the provisions of this same act, especially should they belong to different classes; and they, if any, would be difficulties of administration merely, with which this inquiry has no concern.
Having found upon all the issues raised for the respondents, the judgment of the superior court is affirmed.
Anders, G. J., and Hoyt, Dunbar and Scott, JJ.3 concur.