State v. City of Aberdeen

Citations

• 34 Wash. 61
• 74 P. 1022
• 1904 Wash. LEXIS 311

Syllabus

<p>Statute of Limitations — Vested Rights — Retroactive Effect of Amendment — Action by State — Claim Against Municipal Corporations — Moral Obligations. It was competent for the legislature by Laws 1903, p. 26, to amend tbe statute of limitations (Bal. Code, § 4807) by providing that it shall never be pleaded to an action brought by or for the benefit of the state, in so far as the same affects moral claims against municipal corporations, although the statute had fully run prior to the amendment of the law, since a city is a subordinate subdivision of the state government and may be obligated to pay claims not strictly binding in law, if just and equitable in their character.</p> <p>Same — Query as to whether such amendment could be made retroactive in so far as it affects contractual obligations which involve private individuals.</p> <p>Same — License Pees Due eeom City to State. The claim of the state against a city for a percentage of the liquor license fees collected by the city as an incident to its police powers, and due under the law to the state, is a well grounded moral or equitable obligation although barred by the statute of limitations, and the bar may be removed by the legislature without violating vested rights or the constitutional prohibition against the taking of property without due process of law.</p>