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Washington Supreme Court· 2/15/1909

State v. Storey

Citations

  • 51 Wash. 630
  • 99 P. 878
  • 1909 Wash. LEXIS 1244

Syllabus

<p>Constitutional Law — Delegation of Legislative Powers — Statute — Time of Taking Effect — -Determination of Fact — Animals— Allowing to Run at Large. Laws 1907, p. 566, making it a misdemeanor to permit live stock to run at large in counties where three-fourths of the land is under fence, does not unlawfully delegate legislative powers in providing that ten freeholders and the board of 'county commissioners shall determine the fact as to three-fourths of the land being under fence, and that notice thereof be given; as a statute may provide for its taking effect upon the happening of a future event.</p> <p>Same — Conferring Judicial Powers. Such a law is not unconstitutional as conferring judicial powers on the county commissioners and assessors, their acts being ministerial rather than judicial, and especially as the conferring of judicial powers on them is not obnoxious to the constitution.</p> <p>Same — Class Legislation — Police Regulations. Such an act is not discriminatory, as it applies to the whole state, and being a police regulation, may be made to apply to certain locations.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that there is no impermissible delegation of authority simply because the effect of legislation requires the fulfillment of some contingency, even where fulfillment of the contingency depends upon the actions of some private person
  • “[t]he mere fact that the act does not take effect until the contingency arises does not indicate a delegation of legislative power, even where the contingency depends upon the action of certain persons”
  • “[t]he mere fact that the act does not take effect until the contingency arises, does not indicate a delegation of legislative power, even where the contingency depends upon the action of certain persons”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mount

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