Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1903-03-02
CITIES MUST PAY
TEN PER CENT OF LIQUOR L.
CENSES TO THE STATE.
The Supreme Court Of the State so Decides
in Seattle Case. Aberdeen, and Nearly
all the Cities in the State, are Affected
and Must Pungle to the School Fund.

The supreme court OF the state last
week held that the city of Seattle owes
the state treasury 10 per cent Of the
amount collected in liquor licenses. The
decision is Of great importance in many
ways, as it affects directly and indirectly
all the incorporated cities Of the state.
Subsequent to January l, 1912, the city
government OF Seattle refused to pay to
the state the 10 per cent from liquor IL
cenhes which had been received before
that time. suit for $4,000 was com.
menced by the state to compel the pay
ment Of this sum; and the case was de.
cided in favor OF the city by the lower
courts. The state then appealed it to
the supreme court. and the decision was
reversed. The action OF the supreme
court in the matter is important, because
many cities throughout the state are
withholding the 10 per cent, awaiting the
decision in the Seattle case, and still
others are now involved in similar suits.
Assistant Attorney General Dalton, in
speaking Of the decision, said:
About the time the fact became APP
parent that Seattle did not intend to ad-
vance to the state treasury the 10 per cent
from liquor licenses collected Attorney
General Stratton and myself began suit
to collect the amount We claimed was
due, which at the date of the beginning
OF the suit was SIS, 900. The Seattle city
government refused the percentage, hold
ing that the incorporation act OF 1890
superseded the act of 1888, under which
the 10 per cent was collected.
''This suit was begun ten years after
the act Of 1890. In the superior court,
where the action was begun, the position
taken by the citv was sustained on gen.
eral demurrer to the complaint. From
this Judgment the appeal WAS taken, and
it is the appeal which has just been de-
cided in favor o. the state. The supreme
court remands the case to the trial court
with instructions to override the demul-
rer and hear the case on its merits.
'The supreme court takes the stand
that the second section OF the act OF 1883
requiring the payment of one.tenth Of all
liquor license fees into the state treasury
has not been superseded by subsequent
legislation.
'Whie the amount named in the suit
is but SIS 700, this sum will be greatly
increased by the payment of subsequent
licenses in this city, and together with
the cities all over the state the sum will
amount to great many thousand dol
lars. And the case is practically settled,
so henceforth there is not likely to be
any tronble over the 10 per cent.
Seattle was the first city to make
stand against the payments, but Fair
haven and Whatcom have refused to pay
it and now have suits pending, while
other cities are holding back the amounts
in the possibility that the Seattle suit
would be decided in favor OF the
municipality.
"The small cities have been cautious in
the matter and have been delaying on
various preteXts or on no pretexts, but
now these amounts will be paid into the
state treasury soon. Liquor licenses in
Seattle are 81 900 each, but that is much
higher than the average throughout the
state"