114 P. 522 | Utah | 1911
The relator applied for a writ of prohibition to restrain the county commissioners of Carbon County from issuing and negotiating certain bonds voted for at a special election. It is claimed that the commissioners are unauthorized to issue or negotiate the bonds for the reasons that the notice of election was insufficient, and that two purposes for which the indebtedness is to be created were stated and no opportunity given the voters to vote separately upon them. In support of the first, it is contended that the published notice of the election was bad because the polling places of the voting districts were not' designated in that
In support of the second, it is urged that two purposes for the proposed indebtedness were stated, and for that reason it was essential to submit, to the voters, the propositions to create the indebtedness, in such manner as that the voters could vote separately upon them. The statute (Comp. Laws 1907, section 518) provides that: “The board shall by order specify the particular purpose for which the indebtedness is to be created, and the amount of bonds which it is proposed to issue; and shall further provide for submitting the question of the issue of said bonds to the qualified electors of the. county,” etc. The purpose of the proposed indebtedness, in the order or resolution of the board of the county commissioners, and in the notice of the election, was stated to be “for the purpose of voting bonds in the sum of thirty thou
If the relator is right in his contention, then, it may be assumed, the commissioners were required to submit to the voters the proposition of creating the indebtedness in such manner as to give the voters an opportunity to vote separately upon such objects or purposes. It is conceded that no such opportunity was afforded them. The proposition was submitted in such manner as that the voter in voting upon it was compelled to vote for or against the whole of it. As submitted he could not vote for bonds for bridges and against bonds for roads, or for roads and against bridges. Under our statute, as under most statutes, the “particular purpose” was required to be stated. In the case of McMahon v. Board of Supervisors, 46 Cal. 214, a notice in which the stated purpose was the “construction and improving of the highways in said township, for building bridges,” and improving two roads named and specified, was held bad because too general. It was there said that “the specific object as con-tradistinguished from the general purpose for which the money is to be expended” was required to be stated. In the case in hand it cannot well be said that the purpose
On the other hand, it was held that a stated purpose to* -construct wagon roads in Mariposa County, one through Beaver Valley to Coulterville, and one from Mariposa to Tosemite, was not double, and was in compliance to "specify
It is not necessary to consider whether < the cited cases are distinguishable upon facts, or are conflicting in principle. Some of them are readily distinguishable. Others may not be. Each ease must largely depend upon its facts. Mr. Justice Beck, in the case of Gray v. Mount, 45 Iowa 591, put the question well: Is there a union of two distinct objects, and two separate appropriations for them, in one proposition, so that the elector could not vote for one and against the other? He further said: “If there be two objects and a specific amount of funds to be devoted to each, it is very plain that there are two propositions submitted at the same election. If they are submitted together, it is very clear that the voter cannot vote for one and against the other. He must vote against both, whereby he may defeat one, the success of which he desires, or he must vote for both, whereby he may cause the success of one which he desires to be defeated. If he fails to vote, he may thus aid in causing the defeat of his favorite measure, and the adoption of the one he opposes. He has thus no liberty of choice.” Here'the proposition submitted to issue, bonds was to build specifically described roads and bridges. True, it was stated that twenty-five thousand dollars were for certain bridges, and five thousand dollars for certain roads. But the purpose was one general object. A bridge across the streams in the country
The writ is denied.