81 Wash. 186 | Wash. | 1914
— The relator commenced this action on behalf of himself and other taxpayers similarly situated, to restrain the defendant Phelps, as auditor of King county, from canvassing, counting, and checking the names on a recall petition directed against M. L. Hamilton, one of the county commissioners of King county, until those in charge of such recall petition should file a full, true, and detailed statement, giving the names and postoifice addresses of all persons, corporations, and organizations who had contributed to or aided in the preparation of the charge and in the preparation, circulation, and filing of the petition, which relator contended was the requirement of § 8, chap. 146, of the act of 1913, Laws 1913, p. 458 (3 Rem. & Bal. Code, § 4940-8). The petition alleged that the only statement filed was as follows:
“In the Matter of the Recall of M. L. Hamilton, County Commissioner, King County, Washington.
“We, the undersigned, persons submitting the above recall petition for filing in the office of the county auditor of King county, state of Washington, do hereby submit a detailed statement of the contributions of funds and their expenditures in the above matter as follows:
“Receipts.
J. A. Sloan, Seattle, Wash...................... $2.50
N. L. Carlson, Medina, Wash.................... 2.50
A. T. Rautenberg, Seattle, Wash................. 5.50
F. G. Whitaker, Seattle, Wash................... 2.50
Fred Nelson, Renton Jet., Wash.................. 12.50
Herman Nelson, Renton Jet., Wash............... 12.50
Thos. A. Meade, Seattle, Wash.................. 29.80
Bull Brothers, Seattle, Wash.................... 5.00
Richard Mansfield White, Seattle, Wash........... 1.50
A. Havencamp, Newport, Wash.................. 1.50
$75.80
*188 “Disbursements.
U. S. Post Office, Seattle, Stamps................ $ .75
U. S. Post Office, Seattle, post Cards............. 1.75
Day and Night Safe Dep. & Storage Co., .Seattle, Safety Dep.............................. 1.00
O. K. Cabinet Works, Seattle, Lumber............ 1.75
Knight Sign Co., Seattle, Signs................ 10.80
Justice Stat. Co., Seattle, Supplies.............. 1.00
Bull Bros., Seattle, Printing.................... 55.75
Car Fare ................................... 8.00
$75.80
“Richard Mansfield White
“Thomas A. Meade
“A. T. Rautenberg.
“Subscribed and sworn to before me this 15th day of July, 1914.
“Emerson H. Carrico,
“(E. H. C. Notarial Seal) Notary Public in and for the
“(Con. Oct. 26,1914. ) State of Washington, residing
at Seattle.”
It was further alleged in the petition that there had been a large number of contributions to such recall movement not mentioned in said statement as filed, and that a large number of persons aided in the preparation and circulation of the recall petition, the name, postoffice address or identity of none of whom was disclosed by said statement. To this petition, the respondent Phelps filed a demurrer, which was sustained by the court below, and relator, declining to plead further, his petition was dismissed. Whereupon he appealed to this court and requested the lower court to fix a supersedeas, which request was denied. Relator then sued out his writ of certiorari in this court.
The decisive question in this case is whether the statement filed by the organization seeking the recall is a sufficient compliance with the requirements of the statute. The act itself is a clear pronouncement of the legislative intent that no public official shall be subject to recall without a full dis
“At the time of submitting such petition the person, committee, or organization submitting the same shall file with the officer to whom such petition is submitted a full, true, and detailed statement, giving the names and postoffice addresses of all persons, corporations and organizations who have contributed or aided in the preparation of the charge and in the preparation, circulation and filing of the petition, with the amount contributed by each, and a full, true and detailed statement of all expenditures, giving the amounts expended, the purpose for which expended and the names and postoffice addresses of the persons and corporations to whom paid, which statement shall be verified by the affidavit of the person or some member of the committee or organization making the charge, and until such statement is filed the officer shall refuse to receive such petition.”
It needs but a glance at the statement filed by the proponents of this recall to observe that it neither complies with, nor makes any attempt to comply with, the provisions of § 8 (Id., § 4940-8). All that it purports to contain is an itemized statement of the receipts and expenditures, with the postoffice addresses of the contributors and of those to whom the money was distributed. Such a reading of the act eliminates entirely the requirement that the statement shall, in addition to the information shown in this statement, contain a full, true, and correct statement of all those persons, corporations, and organizations, with their postoffice addresses,
The logic of Stirtan v. Blethen, 79 Wash 10, 139 Pac. 618, clearly supports these views in placing the ban’ of the law against secret contracts entered into for the purpose of fomenting the recall of a public official, and pointing out
The judgment of the lower court is reversed, and the proceeding remanded to the lower court with instructions to grant relator the relief as prayed for in his original petition.
Crow, C. J., Fullerton, Main, and Mount, JJ., concur.