991806_Page_10

WILLIAM H. SCOTT,
Corporate Counsel

FRANK A. STEELE
Assistant Corporation Counsel

MELVIN G. WINSTOCK
City Attorney

The City of Seattle
LAW DEPARTMENT
Seattle, Washington Nov. 1, 1894.

Hon. Frank W. Goodhue,
Chairman, Committee on Police, License and Revenue,
House of Delegates.

Dear sir:--

House of Delegates Bill No. 146, being entitled "An
ordinance fixing the license fee for the sale of wholesale and retail
of intoxicating liquors for the period of one year from the day of
publication hereof," has been refered to me for an opinion as to its
legality.

In my judgment it is a bad kind of legislation to provide for
the fixing of license fees for any specified time, and might possibly
lead to litigation which would be injurious to the rights of the city
in collecting the revenue from such sources. This bill does not pre-
tend to amend any portion of the present license law for the sale of
liquors, but is an independent ordinance covering the whole subject
matter, and by the third section of the same it provides for the re-
peal of all ordinances in conflict therewith. This provision might
be construed by the court as an absolute repeal of the license law as
it now exists, and if this ordinance should pass with the provision
that its operation should cease at the expiration of one year, then there
would be no law upon the subject.

I would not advise the passage of any ordinance of general
nature so as to attempt to control subsequent legislation upon the
subject; and while I do not say this ordinance should be construed in
that way there is a doubt in my mind whether it would not be so con-
strued.

This ordinance does not provide any penalty for violation of
any of its provisions, and therefore is not complete, so that a fail-
ure to comply with its provisions could be punished.

Yours truly,
W. J. Scott,
Corporation Counsel