Rial v. City of Yakima
Rial v. City of Yakima
Opinion of the Court
— The legislature of 1919 enacted a law providing, among other things, for the licensing of persons, firms and corporations engaged in the business of installing wires to carry electric current, or electric apparatus to he operated by such current, in cities of the first, second and third classes. Laws of 1919, ch. 204, p. 716 (Rem. Comp. Stat., §§ 8307-8312) [P. C. §§2369-1, 2369-6],
In January, 1922, Yakima, a city of the second class, passed an ordinance, number A-631, regulating the in
The complaint setting up these facts further alleged that the city authorities had threatened and were threatening to compel each of the plaintiffs to pay a license fee of $200, or prevent them from engaging in their business and the carrying out of contracts already made by them, to their great and irreparable injury; and that the license fee of $200 provided for by the ordinance is violative of certain enumerated constitutional rights of theirs, and in conflict with the state license law of 1919; wherefore they prayed that the city and its authorities be permanently enjoined from enforcing the ordinance.
Omitting any consideration of intermediate proceedings in the case, as being unnecessary for the purpose of the appeal, the defendants, by their answer, interposed an affirmative defense to the complaint on September 11,1922, alleging that, on that day, the city had passed and published, and hence made effective, an ordinance, No. A-692, containing an emergency clause, and averring that, as shown upon the face of and by the terms of the ordinance, it specifically repealed § 2 of ordinance No. A-631 against the enforcement of
A demurrer to the affirmative answer was sustained; and the city and its officers, the defendants in the cause, electing to stand upon their pleading, have appealed from that part of the judgment entered which permanently enjoined the city and its officers from collecting or attempting to collect the annual license fee or charge provided for in ordinance No. A-631, and, also, that provided for in ordinance No. A692; and further permanently enjoined them from in any manner whatsoever interfering with or preventing the plaintiffs from engaging in their business of installing, constructing, repairing or changing electrical wires, appliances or apparatus within the city.
The theory of the complaint was that the respondents were entitled to carry on their business in the city under licenses granted to them by the state, irrespective of the provisions of § 2 of ordinance No. A-631, requiring the payment of the $200 license fee; and clearly the appellants have admitted that view, if it be true, as alleged in the answer, that the city by its new ordinance repealed that section of the old one which provided for the license fee. Again, if it be true, as alleged in the answer, that the city, by its new ordinance, repealed that section of the old one which provided for a license fee, then the appellants cannot be aggrieved at that portion of the judgment which enjoins the collection of it. It appears, therefore, that the only real controversy on the appeal relates to that portion of the judgment which enjoins the enforcement of ordinance No. A-692.
There is a marked difference between a regulatory law providing for a license fee, and a law that pre
“. . . . tbe repeal of a statute without any reservation takes away all remedies given by tbe repealed statute and defeats all actions pending under it at the time of its repeal.” 36 Cyc. 1228.
Tbe judgment is reversed, and tbe cause remanded with directions to overrule tbe demurrer to tbe affirmative answer.
Main, C. J., Mackintosh, Holcomb, and Bridges, JJ., concur.
Reference
- Full Case Name
- A. W. Rial v. The City of Yakima
- Status
- Published