1 Wash. 609 | Wash. | 1889
The opinion of the court was delivered by
This is an action wherein the plaintiff seeks to foreclose a lien upon the building of Dueber for materials furnished by said plaintiff in the construction of
The point is made that a statute which' would give a lien to a laborer or material-man, notwithstanding that payment had been made to the main contractor, is unconstitutional. We think such a statute is constitutional, as to all transactions occurring after the statute is passed, for the reason that it doesnot impair the obligations of existing contracts, but merely declares the effect of future contracts. Do the words of this act clearly express the legislative intent that a material-man or laborer shall have such lien notwithstanding the main contractor has been paid ? The act to be considered is that of 1881, found in the code, and embraced in the code -from § 1939 to 8 1985, inclusive.
If these words do not express the intent of the legislature, that laborers and material-men have a lien, notwithstanding the owner may have, by contract and payment to another, attempted to defeat it, no words can express that intent. To hold to the contrary would be to hold that English words had not an English meaning; that technical words have not their legal meaning; that exceptions mentioned do not include all the exceptions intended; in short, that such an intent cannot be expressed by any language. Eor a court to find that statutes thus explicit do not express the legislative intent is simply for the court to deny that the legislature has legislative power, and, instead of enforcing statutes, to destroy them at pleasure upon any pretext, no matter how absurd.
We are asked -to do this, because it is said that a similar statute of the State of California was construed out of existence by one or two decisions of that state; that as a matter of law our legislature is conclusively presumed to have incorporated the California decision into the act. If this is true, then it is clear that our legislature did not intend what it expressed in plain, unambiguous language. Such a presumption is not conclusive. Those cases cited, which hold the presumption conclusive, refer to English statutes, and decisions under them, imported from England as a part
The judgment of the district court is therefore reversed, and the case remanded to the same court for a new trial according to this opinion.