State v. Asotin County

Citations

• 79 Wash. 634
• 140 P. 914
• 1914 Wash. LEXIS 1246

Syllabus

<p>States — Actions—Capacity to Sue — Collection of Horticultural Inspection Fund. The state can maintain an action against a county to collect the amount assessed against the county for horticultural inspection in the county, which Laws 1911, p. 141, § 3, provides shall be remitted by the county treasurers of the several counties to the state treasurer, in view of Id., § 4, providing that the attorney general is hereby instructed to bring an action against any county in default in its payments; and in view of Const., art. 3, §§ 1 and 21, by which the function of the attorney general is to represent the state in legal matters, and actions in the name of the state are clearly contemplated.</p> <p>Statutes — Titles and Subjects — Scope. The title “an act relating to salaries and expenses of horticultural inspectors” is sufficiently broad to include subject-matter directing the attorney general to bring actions against counties in default in their payments; as the method of collection is germane and incidental to the general purposes of the act.</p> <p>Agbicultube — Inspection—Constbuction of Statute— “Assessed and Levied.” Rem. & Bal. Code, § 3132, having provided ¡that the district board of horticultural inspectors shall each year furnish to the county auditor a statement of the inspection expenses and an estimate for the ensuing year, and § 3133 making it the duty of the county commissioners to levy a “horticultural tax” to meet the estimate, to be levied and collected as other taxes, § 4 of Laws 1911, p. 142, requiring the attorney general to bring an action against any county which had failed to pay to the state treasurer the amount “assessed or levied” against counties by horticultural inspectors for horticultural purposes, must be construed to mean “charged” against the counties, since horticultural inspectors were not empowered to assess or levy the tax.</p> <p>Mandamus — Acts by Boaeds — Levy of Tax — Counties—Funds— Liability — Collection of Horticultural Ins