Spokane & Eastern Trust Co. v. Lavigne

Citations

• 14 Wash. 681
• 45 P. 664
• 1896 Wash. LEXIS 436

Syllabus

<p>COUNTY TREASURER — POWERS — TRANSFER OF GENERAL TO SALARY-FUND — STATUTES — CONSTRUCTION.</p> <p>Laws 1889-90, p. 314, §36, authorizing the county treasurer in ■case the salary fund should prove insufficient for payment of salaries of county officers, to transfer from said fund to the general ■county fund such sums as may be necessary to pay said salaries as they become due, cannot be confined to moneys in the general fund not otherwise appropriated, but applies to any moneys which may be in that fund, although warrants may have been drawn thereon prior to such transfer.</p> <p>If the language of the statute is capable of two constructions, one ■of which will make it entirely consistent with the provisions of the constitution, and the other inconsistent with such provisions, that which will make it consistent must be adopted by the courts; but, if the language used is capable of but one construction, the courts have no discretion in the premises, but must give the intention manifested from the language used such force as is warranted under the provisions of the constitution.</p>