State ex rel. Latimer v. Henry

Citations

• 28 Wash. 38
• 68 P. 368
• 1902 Wash. LEXIS 454

Syllabus

<p>STATUTES-CONSTITUTIONALITY OF CURATIVE ACT.</p> <p>It is within the power of the legislature to enact a statute authorizing the making of an assessment to cover the cost of work done on a public improvement under a void law.</p> <p>DAMAGES —• CONSTITUTIONAL LAW-ASSESSMENT AGAINST SCHOOL LANDS.</p> <p>That part of § 8 of the act of 1895 (Bal. Code, § 3762), concerning the payment of benefits for drainage ditches which provides that “when an assessment shall be apportioned against any school lands of the state, the county shall pay the same out of its general fund and have a lien on the proceeds of the sale of such lands” for its reimbursement, is unconstitutional on the ground that funds raised by taxation for general county purposes cannot be applied to the payment of assessments for local improvements, and on the further ground that the proceeds of the sales of school lands cannot be diverted from the permanent and irreducible common school fund.</p> <p>SAME.</p> <p>Although school lands benefited by the construction of a ditch cannot be rendered liable for the payment thereof, such benefits cannot be charged up against private property, and, in such cases, the assessment should be levied against the school lands, leaving it to the state to provide therefor by proper legislation.</p> <p>SAME-INVALIDITY OF PORTION OF ACT-EFFECT.</p> <p>An act providing for the construction of ditches for agricultural, sanitary, and domestic purposes is not unconstitutional by reason of the invalidity of a portion of the act providing for the assessment of school lands to help pay therefor, when the act, after the exclusion of such void portion, is sufficient in itself to constitute a complete law, capable of being executed without any dependence upon the rejected portion.</p> <p>SAME-DUE PROCESS OF LAW.</p> <p>The act of 1895 (Bal. Code, §§ 3755-3762), providing for the payment of expenses theretofore incurred in the construction of ditches is not subject to the objection that it