Legal Opinion

State ex rel. Cole v. City of New Whatcom

Washington Supreme Court

Decided October 20, 1891No. 330PublishedCited by 11 opinions

Appeal from Superior Court, Whatcom County. Information in the nature of quo warranto by the prosecuting attorney of Whatcom county against the city of New Whatcom, and its mayor and councilmen, praying that said mayor and city council be forever excluded from exercising the privileges and franchises as officers of said corporation, and thatthe city of New Whatcom beadjudged not a municipal corporation duly and regularly organized under the laws of this state, and that said…

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Appeal from Superior Court, Whatcom County. Information in the nature of quo warranto by the prosecuting attorney of Whatcom county against the city of New Whatcom, and its mayor and councilmen, praying that said mayor and city council be forever excluded from exercising the privileges and franchises as officers of said corporation, and thatthe city of New Whatcom beadjudged not a municipal corporation duly and regularly organized under the laws of this state, and that said city be adjudged to be usurping franchises and privileges of a municipal corporation. A demurrer, on the ground that the…

1Opinion of the Court

The opinion of the court was delivered by

Stiles, J.

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…

2Cases cited1 opinion

  1. Territory of Washington ex rel. Kelly v. StewartWashington Supreme Court · 1890

3Cited by11 opinions

  1. Amalgamated Transit Union Local 587 v. StateWashington Supreme Court · 2000
  2. State v. Port of TillamookOregon Supreme Court · 1912
  3. Treffry v. TaylorWashington Supreme Court · 1965
  4. Town of Longview v. City of CrawfordsvilleIndiana Supreme Court · 1905
  5. State ex rel. Attorney-General v. GreenSupreme Court of Florida · 1895

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