The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1902-04-15
SERMON TO TAXPAYERS.
Rev. J II Wood Dseourses Furthsr on the
Illegal Retention of Fines.

by the city, taking for his subject,
Municipal Righteousness. His text
was from Isaiah 5 :20-23, emphasizing
the first and last verses, "Woe unto
them that call evil good, and good evil !;
that put darkness for light, and light for
darkness; that put bitter for sweet, and
sweet for bitter" (Which Justify the
wicked for reward, and take away the
righteousness OF the righteous from
him."
He assured the congregation of his
good will toward every individual, and
his desire to aid, by awakening public
interest, every official who would seek
to advance the interests OF the city in
accord with the excellent laws of the
state.
He lifted warning voice against the
apparent drift of the town toward a
wide-open policy, and the demoralizing
effect OF this upon the entire community.
lie sand that this sermon was neces-
sary in defense of the sermon preached
lew Sabbaths ago, and it would afford
an opportunity to enlarge upon and con-
firm the position then taken.
In answer to the criticism of unduly
emphasizing the demoralIzing influence
OF the nickel-in.the-slot machine he said
he would not be stating the matter too
strongly if he adopted the language used
in an editorial of the Morning Oregon n
of March p, where the slot machine is
called "a breeder of mischief, pro-
moter OF vice, a waster OF substance"
The speaker then called attention to
ha nl,o
North Yakima as Il public corporation, a
"person" in the sight of law, in his
former sermon.
In 81 slot machine cases tried in six
months time, the city collected 1895 i'm
fines, one-half the minimum amount
required by law, and applied this money
to city expenses, instead of paying it to
the county treasurer to be placed in the
public school fund, according to the law
enacted in 1901 making this city liable
for the S395 left contrary to law with the
slot machine proprietor, and 1895 of
school money misappropriated
Some people have said these fines and
penalties belong to the general fund of
the county or city in which the convic-
ton was obtained. These critics are
said to base their opinion on decision
found in the seventh Washington state
reports, page Az, decided December 90,
1898. The point in that case was as to
witness lees In criminal cases, and has
no bearing upon this case. But the
learned judge took occasion to say that
1.-The general rule under our system of
county organization is, that the counties
are burdened with the entire cost of the
administration of the criminal laws
within their boundaries; and in turn,
they receive and appropriate to their
own use all fines and costs collected in
criminal cases"
He says it is the rule or custom of
counties, but does not say it is the law
OF cities. The present question was not
the one before him at that time. Again,
that decision was rendered in 1898. The
nickle-in-the-slot machine law was en-
acted in l90l-seven years later, and
takes the place of all laws, habits or
general rules the judge had in mind in
1898. Section OF the slot machine law
reads: "All acts and parts of acts in
conflict herewith are hereby repealed"
The position is well taken and the city
has incurred these liabilities by carless
administration and a desire for revenue
with which to meet city expenses.
The question has been repeatedly asked
since the last sermon, what about the
fines for gambling; and the fines for
prostitution? Where should that money
go? These questions led to some study,
and more men should look into these
things for themselves.
The Code of Public Instruction"
Section ll3, provides that all fines and
moneys collected for the breach of penal
laws, except as otherwise provided by
law" shall go into the general school
fund. These eases were tried under city
ordinance lS2 for gambling, and ordin-
ance Ia for prostitution. Both of these
define the crimes, provide penalties, but
neither of them make any disposition of
the fine. The city might have provided
| for this, but not having done it, the
general law OF the state controls.
Under state regulations the cities are
divided into classes, known as first,
second third and fourth classes. All of
these cities come under a single statute
| The cities OF the first class are Almost
supreme The law delegating power
into cities of the second class saws, they
can impose, collect and appropriate
| fines" To cities OF the third class it is
said they may impose and collect fines,
the word appropriate is not there.
We may say that while it is not so stated
it is granted by implication. A ruling
by Judge Dunbar says that "powers
specified as belonging TO a city of one
class, and not mentioned as belonging to
another class, could not be granted that
city by implication" 1t is well to care
| fully study this question as serious con-
| tlicts may arise by yielding to the in
| fluence brought to bear on the city by
the saloon men, gamblers and prosti-
tutes.
How few know the amount OF gambling