City of Seattle Records

LAW DEPARTMENT CITY OF SEATTLE

WILLIAM T. SCOTT, CORPORATION COUNSEL

FRANK A. STEELE ASSISTANT CORPORATION COUNSEL

MELVIN G. WINSTOCK CITY ATTORNEY

Seattle, Washington May 17, 1894

To the City Council:

The annexed communication was addressed to me, and I hereby refer the matters to you for such action as you think it deserves.

Respectfully submitted W. T. Scott Corporation Counsel

WILLIAM H. SCOTT, Corporate Counsel

FRANK A. STEELE Assistant Corporation Counsel

MELVIN G. WINSTOCK City Attorney

The City of Seattle LAW DEPARTMENT Seattle, Washington Nov. 1, 1894.

Hon. Frank W. Goodhue, Chairman, Committee on Police, License and Revenue, House of Delegates.

Dear sir:--

House of Delegates Bill No. 146, being entitled "An ordinance fixing the license fee for the sale of wholesale and retail of intoxicating liquors for the period of one year from the day of publication hereof," has been refered to me for an opinion as to its legality.

In my judgment it is a bad kind of legislation to provide for the fixing of license fees for any specified time, and might possibly lead to litigation which would be injurious to the rights of the city in collecting the revenue from such sources. This bill does not pretend to amend any portion of the present license law for the sale of liquors, but is an independent ordinance covering the whole subject matter, and by the third section of the same it provides for the repeal of all ordinances in conflict therewith. This provision might be construed by the court as an absolute repeal of the license law as it now exists, and if this ordinance should pass with the provision that its operation should cease at the expiration of one year, then there would be no law upon the subject.

I would not advise the passage of any ordinance of general nature so as to attempt to control subsequent legislation upon the subject; and while I do not say this ordinance should be construed in that way there is a doubt in my mind whether it would not be so construed.

This ordinance does not provide any penalty for violation of any of its provisions, and therefore is not complete, so that a failure to comply with its provisions could be punished.

Yours truly, W. J. Scott, Corporation Counsel