City of Seattle v. Pearson

Citations

• 15 Wash. 575
• 46 P. 1053
• 1896 Wash. LEXIS 252

Syllabus

<p>CERTIORARI — WHEN LIES — PLEADING ORDINANCE — REGULATION OF LIQUOR BUSINESS — VALIDITY' OF ORDINANCE.</p> <p>Certiorari will lie for the purpose of reviewing the action of a municipal court in a proceeding brought therein for the purpose of securing the conviction and punishment of one guilty of violating a city ordinance.</p> <p>It is not necessary to plead an ordinance by title, number and date of passage in a cpmplaint filed in a court of the municipality, as it is the duty of such court to take judicial notice of the ordinance.</p> <p>The subject matter of an ordinance providing for the licensing of saloons is not in conflict with the subject matter of an ordinance regulating the hours during which saloons should be closed.</p> <p>Where an ordinance consists of several and distinct parts, the fact that one of them is void will not render the whole ordinance void, if such void part can be eliminated without in any way- destroying the efficacy or utility of the rest of the ordinance.</p> <p>An ordinance fixing a minimum fine as the penalty for the commission of a misdemeanor, while the general misdemeanor law of the state fixes no minimum, is not void on that ground, as being in conflict with the general law.</p>