In re Williamson

Citations

• 116 Wash. 560
• 200 P. 329
• 1921 Wash. LEXIS 985

Syllabus

<p>States (26)—Appropriation—Necessity—Effect of Failure to Make. Where, through the failure to make an appropriation, the operation of the Women’s Industrial Home and Clinic, to which certain classes of female offenders were to he sentenced, was suspended, the requirement of the act that convicted offenders be sentenced to such institution was likewise suspended, thereby subjecting such class of offenders to the operation of the general laws which provide for the imprisonment of persons convicted of crimes.</p> <p>Statutes (51)—Repeal—Revival of Act Repealed—Exceptions. Where an original statute is left in force on the passage of a subsequent act, which modifies it only to the extent of excepting certain cases from its operation, the taking away of the exception by suspension or repeal revives the original statute, which continues in force to be applied without the exception; since the rule against revival of a statute by the repeal of a repealing statute relates to absolute repeals only.</p> <p>States (3, 25, 26)—Liability-—Power to Incur Deficiency—Appropriations. An administrative officer charged with the management and control of a reformatory institution, for which the legislature has failed to make an appropriation for maintenance, is under no obligation to incur a deficiency to continue its operation; in view of Rem. Code, §§ 5025-5027, which prohibit expenditures in excess of appropriations and provide that the officer making such expenditures is guilty of misdemeanor and liable personally and on his official bond for the amounts so expended.</p> <p>Habeas Corpus (21, 24, 25)—Proceedings—Judgment—Disposi-tion of Person—Discharge. On an original application in the supreme court for a writ of habeas corpus directed to the officer who has a petitioner in custody, that court, being without authority to direct by mandate the proper sentence to be rendered, should order the officer having the petitioner in charge to take her before the court in which she was conv