AGO 1949-51 No. 145.

Case DateOctober 14, 1949
CourtWashington
Washington Attorney General Opinions 1949. AGO 1949-51 No. 145. October 14, 1949[Orig. Op. Page 1]PRIVATESeveral townships do not have the authority to jointly purchase property located in one of them for their joint use as a garbage dump.Honorable Hugh H. EvansProsecuting AttorneySpokane County Courthouse Spokane 11, WashingtonCite as: AGO 1949-51 No. 145Dear Sir: We are in receipt of your letter of September 7, 1949, in which you ask the following question: May several townships jointly purchase property located in one of the townships to be maintained as a garbage dump for the use of the joint purchasers? Our conclusions may be summarized as follows: The townships do not have authority to purchase such property. ANALYSIS Section 12, chapter 175, Laws of 1895 (Rem. Rev. Stat. 11371), reads as follows: "No town shall possess or exercise any corporate powers except such as are enumerated in this title or are especially given by law or necessary to the exercise of the powers so enumerated or granted." Some of the powers of townships are set forth in section 11, chapter 175, Laws of 1895, as amended by section 1, chapter 47, Laws of 1909 (Rem. Rev. Stat. 11370), paragraph 2 of which authorizes each township to purchase lands within its own limits. Without invoking the restriction of section 11371, supra, the ordinary principle of statutory interpretation that the mention of one thing implies the exclusion of another would preclude the township from purchasing lands located outside its own limits. Section 11371 merely enunciates that principle more distinctly. [Orig. Op. Page 2] In addition to the powers enumerated in section 11370, section 50, chapter 175, Laws of 1895 (Rem...

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