PUBLICATION OF ORDINANCES OF THIRD CLASS CITIES. PUBLICATION OF SUPERIOR COURT SUMMONS.

PUBLICATION OF ORDINANCES OF THIRD CLASS CITIES.  PUBLICATION OF SUPERIOR COURT SUMMONS.

 City of Moses Lake Ordinances may be published in the Columbia Basin Herald when directed by the city council of the City of Moses Lake.

 Superior court summons may not be published in the Columbia Basin Herald.

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                                                                  March 27, 1952 

Honorable B. J. McLean
State Representative
716 Lakeside Drive
Moses Lake, Washington                                                                                                              Cite as:  AGO 51-53 No. 272

 Dear Mr. McLean:

             Your letter received in this office on March 6th requests our opinion on the following questions:

             1. Are City of Moses Lake Ordinances valid if published in the Columbia Basin Herald?

             2. Are summons issued out of the superior court of Grant County legal if the publication is run in the Columbia Basin Herald?

             It is our conclusion that City of Moses Lake Ordinances may be published in the Columbia Basin Herald when directed by the city council of the City of Moses Lake.

             It is our conclusion as to question No. 2 that superior court summons may not be published in the Columbia Basin Herald.

                                                                      ANALYSIS

             It is our understanding that Moses Lake is a third class city and that the Columbia Basin Herald is a newspaper which is published in Moses Lake and so listed in the N. W. Ayer & Sons directory of newspapers but that the Herald  [[Orig. Op. Page 2]] is actually printed in Ellensburg, Kittitas County.  It is also our understanding that no other newspaper is either printed or published at Moses Lake.

             Your letter calls attention to Rem. Rev. Stat. 9125 and 9132 regarding publication of ordinances of a city of the third class.  These sections have been codified and are now RCW 35.24.220, which reads as follows:

             "Every ordinance of a city of the third class shall be published at least once in a newspaper published in the city, such publication to be made in the city's official newspaper if there is one.  If there is no official newspaper or other newspaper published in the city publication shall be made in such manner as the city council may direct.  In lieu of publication the ordinance may be printed and posted in at least three public places in the city."

             The section as codified uses the words "published" although Rem. Rev. Stat. 9125 also used the word "printed."  The significant feature of the law seems to be the right of the city council to direct the method of publication in the event there is no official newspaper or other newspaper published in the city.  It would seem to us that publication of city ordinances in the Herald would be entirely proper, but that to remove all doubt the city council should direct that such publication take place in the Herald and, as a further safeguard, arrange for the posting of three copies of the ordinance as published in the Herald as set forth in the last sentence of section 35.24.220supra.

             Turning to your second question, the situation presented is of an entirely different nature.  The law, both as set forth in Rem. Rev. Stat. 233 and as codified as RCW 4.28.110, is as follows:

             "The publication shall be made in a newspaper printed and published in the county where the action is brought (and if there is no newspaper in the county, then in a newspaper printed and published in an adjoining county, and if there is no such newspaper in an adjoining county, then in a newspaper printed and published at the capital of the state) once a week for six consecutive weeks:  * * *"

              [[Orig. Op. Page 3]]

            Beyond question, if there is a newspaper both printed and published in Grant County, the publication should be in such newspaper.  If there is not a newspaper printed and published in Grant County, then the publication should be made in a newspaper printed and published in an adjoining county.  Then, failing the existence of a newspaper published in an adjoining county, the publication should be made in a newspaper printed and published in Olympia, Washington.  Therefore, publication in the Columbia Basin Herald, which is not printed in Grant County, would not be a legal publication as the statute now exists on such matters.  The result might be a failure of jurisdiction as to the persons summoned into the superior court.

 Very truly yours,
SMITH TROY
Attorney General 

DON CARY SMITH
Assistant Attorney General