State ex rel. Christie & Miller v. Meek

Citations

• 26 Wash. 405
• 67 P. 76
• 1901 Wash. LEXIS 660

Syllabus

<p>INTOXICATING LIQUORS-INSPECTORS-CONSTRUCTION OP STATUTE.</p> <p>Bal. Code, §2927, which was passed in the year 1860, when the cities of the then territory were in an embryonic stage, provides that “It shall be the duty of the county commissioners of each county to appoint at least one suitable person for each village or neighborhood where spirituous liquors are sold in less quantity than a gallon, whose duty it shall be to inspect all liquors,” to be so sold. Held that the word “village” in such statute should he construed to cover a city, where the village subsequently assumed the proportions of a city, and there is no later statute making it clearly appear that a city is exempted from the provisions of the earlier statute.</p> <p>SAME-OMISSION OP STATUTE PROM CODE — EPPECT.</p> <p>The omission of the statute now known as § 2927, Bal. Code, from the Code of 1881 did not effect its repeal, since § 3320 of the Code of 1881 specially provided that “all acts or parts of acts of a general nature, in force at the commencement of the 8th biennial session of the legislative assembly, and not repealed shall be, and the same are hereby continued, in full force and effect, unless the same be repugnant to the act upon the same subject matter, passed or revised at the 8th biennial or present extra session of the legislature,” and the statute in controversy was in effect at the time specified, was not repealed, and was not repugnant to any act passed during the sessions mentioned.</p> <p>SAME-REPEAL BY IMPLICATION.</p> <p>Bal. Code, § 2927, was not repealed by implication by the act (Laws 1899, p. 183) entitled “an act to provide against the adulteration of food,” § 2 of which provides that “the term ‘food’ as used herein shall include all articles used for food or drink by man, whether simple, mixed or compound,” since the legislative interpretation of the term “drink” as used therein is defined by a later statute (Laws 1901, p. 194) as not including liquors containing two p