State ex rel. Olmstead v. Mudgett
State ex rel. Olmstead v. Mudgett
Opinion of the Court
The opinion of the court was delivered hy
This is á proceeding in mandamus instituted by the relator in the superior court of Spokane-county against George Mudgett, as county treasurer of that county, to compel him, as such treasurer, to collect a special assessment levied to pay the costs and expenses incurred in making a street improvement in the city of Spokane, and charged against certain real property therein, found to be specially benefited by the improvement. In-answer to the alternative writ served upon him, the county treasurer demurred on the ground “ that neither the affidavit, application, nor writ, state facts sufficient to constitute a cause of action.” The lower court overruled the demurrer, and, upon the treasurer’s refusing to plead further, ordered that a peremptory writ of mandate issue. Erom that order the treasurer appeals to this court.
The Contention of appellant here is, that the act of' March ID, 1897 (Laws 1897, p. 77), in so far as it author
Whether legislation of this character is obnoxious to the constitution has been decided by this court adversely to the appellant’s contention. In State, ex ret. Seattle, v. Carson, 6 Wash. 250 (33 Pac. 428), we held constitutional the act of March 9, 1893 (Laws 1893, p. 167), which made the county treasurer of a county in which there is a city of the first class ex officio tax collector of all taxes levied by such city, other than special assessments and special taxes for local improvements. It is true that act provided that the city should pay the county treasurer for such services a salary of five hundred dollars, and to the county one thousand dollars per annum for clerk hire. The ease, however, was not made to depend upon this f aet,
Affirmed.
Gordon, O. L, and Reavis, Anders and Dunbar, JJ., concur.
Reference
- Full Case Name
- The State of Washington, on the Relation of E. D. Olmstead v. George Mudgett, as Treasurer of Spokane County
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- CONSTITUTIONAL LAW-UNIFORMITY OF TAXATION-BULE DOES NOT APPLY TO EXPENDITURE OF TAX MONEYS. Tbe act of March 10, 1897 (Laws 1897, p. 77), which requires the county treasurer to collect such assessments for street improvements as are certified to him by the legislative body of cities of the first class within his county, is not unconstitutional as rendering taxation unequal and ununiform, on the ground that it provides no method of reimbursement to the county for its expense in collecting, such assessments, thus tending to throw .the burden of cost upon the general taxpayer of the county, whose property is not benefited by the special improvement, since the constitutional requirement as to equality and uniformity in taxation applies only to the mode and rate of assessment, and is not a restriction upon the legislative power to direct the purposes for which tax collections may be expended. COUNTIES-COMPENSATION FOR COLLECTION OF CIT5T TAXES. Where a law of the legislature has imposed the duty on county treasurers of collecting the taxes for cities of the first class and provided the amount of compensation to be paid therefor by the city to the county, such compensation will be presumed by the-courts, in the absence of a showing to the contrary, to be ample- and adequate for additional services of a similar nature imposed on the counties by a subsequent law.