19 Wash. 122 | Wash. | 1898
The relator is the owner of a state warrant issued subsequently to the taking effect of the act, Laws 1895, p. 349 (Bah Code, §§ 3668-3672). Ho rate
“All state, county, city, town and school warrants, and all warrants or other evidences of indebtedness drawn upon or payable from any public funds, shall bear interest at a rate not greater than eight per centum per annum, unless a less rate be specified therein.”
One contention is that this section is so ambiguous and conflicting that it would be inoperative as providing for a rate of eight per cent, where no rate is specified in the instrument, and that it must be ignored, and there is also some contention as to what it does mean. By consent of parties a brief has been filed by local counsel which supports the contention of the relator. It purports to set up the facts relating to the history of the bill while it was pending in the legislature, it being stated that they were matters which the plaintiff’s counsel herein, who reside at a distance, could not well know. It is alleged that § 3 of the bill originally provided a rate of seven per cent., but that the words “the rate of seven” which immediately preceded “per centum” were stricken, and the words, “a rate not greater than eight,” substituted, and that this was one of those hurried amendments adopted at the very last of the session, and the language was not otherwise remodeled to make it conform to the amendment. While this might have a bearing as showing an intention to provide a rate of eight per cent, where no other was specified, and which might be conclusive as to state warrants, there being no power in any officer or board to fix a lesser rate, we would