State v. City of Seattle

The opinion of the court was delivered by

Fullerton, C. J.

— This action was brought by the state of Washington against the city of Seattle to recover ten per centum of the amount collected by that city between January 1, 1902, and the commencement of the action as license fees for the sale of intoxicating liquors. A general demurrer was interposed to the complaint, which the trial court sustained. Judgment of dismissal and for costs against the state followed, from which judgment the state appeals.

But one question is suggested by the record: Has that part of the second section of the act of…