Morrow v. Henneford

Geraghty, J. —

This action was brought by the plaintiff, who conducts a restaurant business in the city of Seattle, to enjoin the members of the state tax commission from enforcing, as against him and others similarly situated, the provisions of title III, chapter 180, Laws of 1935, p. 721 [Rem. 1935 Sup., § 8370-16 et seq.], levying a sales tax. After trial to the court, judgment was entered dismissing* the plaintiff’s action, and this appeal followed.

The appellant challenges the constitutionality of title III upon several grounds, and also charges that the members of the tax commission are,…