stating that unless the enabling legislation provides otherwise, the performance of purely ministerial or administrative duties may be delegated
How later courts described this case
- stating that unless the enabling legislation provides otherwise, the performance of purely ministerial or administrative duties may be delegated
- "Where the enabling legislation under which a municipal or quasi-municipal corporation derives its power confides legislative or discretionary functions in particular officials or boards, such functions may not be delegated to others."
- political questions lie outside the cognizance of the judiciary
Written by the judges who cited it.
The opinion
Hill, J.
(dissenting) — In my opinion, the act in question violates at least two constitutional provisions:
Art. II, § 19. My reasons are fully stated in the dissent in Casco Co. v. P. U. D. No. 1 of Thurston County, 37 Wn. (2d) 777, 226 P. (2d) 235 .
Art. II, § 38. We should go behind the enrolled bill in this case, on the basis of the reasons suggested by the concurring opinions in Derby Club v. Becket, 41 Wn. (2d) 869, 252 P. (2d) 259 , and by Judge Schwellenbach’s dissent in this case.
Olson, J., concurs with Hill, J.