Anderson v. Chapman

543 P.2d 229, 86 Wash. 2d 189, 1975 Wash. LEXIS 769
CourtWashington Supreme Court
DecidedDecember 4, 1975
Docket43890
StatusPublished
Cited by47 cases

This text of 543 P.2d 229 (Anderson v. Chapman) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Chapman, 543 P.2d 229, 86 Wash. 2d 189, 1975 Wash. LEXIS 769 (Wash. 1975).

Opinions

Wright, J.

This case involves the application of Const, art. 2, § 13, which reads:

No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for tohich he was elected.

(Italics ours.)

The facts which gave rise to this litigation are not in dispute. An act (Laws of 1975, 1st Ex. Sess., ch. 263, p. 869) which raises the annual salary of the Secretary of State from $15,800 to $21,400 was passed by the legislature. Respondents Dave Ceccarelli and Eugene L. Laughlin were members of the House of Representatives and in fact were present and voted in favor of the bill which was signed by the Governor on June 30, 1975, and took effect July 1, 1975.

Early in the year 1975, A. Ludlow Kramer resigned from the office of Secretary of State and the Governor appointed Bruce K. Chapman to fill the vacancy. The legislature then passed chapter 3, Laws of 1975, second extraordinary session, which provided, inter alia, for election at odd year elections for the office of Secretary of State to complete an unexpired term. This court held the unexpired term should be filled in the 1975 elections. Daly v. Chapman, 85 Wn.2d 780, 539 P.2d 831 (1975).

The respondents, Ceccarelli and Laughlin, filed for the [191]*191office of Secretary of State to be voted on in the 1975 elections. Thereafter, the petitioner, Kay D. Anderson, instituted this action seeking an original writ of mandamus or in the alternative a writ of prohibition to prevent the respondents, Ceccarelli and Laughlin, from being candidates.

The legislature attempted to engraft upon chapter 263, the following proviso:

Provided Further, That a member of the legislature whose term of office is partly co-extensive with or extends beyond the present term of office of any of the officials whose salary is increased by virtue of the provisions of sections 1 through 5 of this act shall be eligible to be appointed or elected to any of the offices the salary of which is increased hereby but he shall not be entitled to receive such increased salary until after the expiration of his present term of office and his subsequent election or reelection to the office to which he was appointed or elected respectively during his term of office as legislator.

The question before us relates to the validity of the proviso and specifically if respondents, Ceccarelli and Laughlin, can file for and seek the office of Secretary of State in the 1975 elections. We have heretofore held by order that they are not eligible.

The first rule of constitutional construction which we should consider is the rule that if a constitutional provision is plain and unambiguous on its face, then no construction or interpretation is necessary or permissible. In State ex rel. Evans v. Brotherhood of Friends, 41 Wn.2d 133, 247 P.2d 787 (1952) the court (per Finley, J.) said in part at page 145: “It is a cardinal principle of judicial review and interpretation that unambiguous statutes and constitutional provisions are not subject to interpretation and construction.” In State ex rel. O’Connell v. Slavin, 75 Wn.2d 554, 452 P.2d 943 (1969) the court (per Rosellini, J.) said in part at page 557: “If the constitutional language is clear and unambiguous, interpretation by the courts is improper.” In State ex rel. Swan v. Jones, 47 Wn.2d 718, 289 [192]*192P.2d 982 (1955) the court (per Finley, J.) said in part at page 722: “ ‘[W]here the intention is clear there is no room for construction and no excuse for interpolation or addition! ” The last quoted language was quoted by the court from United States v. Sprague, 282 U.S. 716, 75 L. Ed. 640,51 S. Ct. 220, 71 A.L.R. 1381 (1931).

. Another rule which is important to this matter is that the provisions of a constitution are mandatory unless otherwise stated. The general rule is stated in 16 C.J.S. Constitutional Law § 61 (1956) wherein it is said: “Generally, constitutional provisions are to be construed as mandatory unless, by express provision or by necessary implication, a different intention is manifest.”

In this state the constitution itself expresses that rule in even more forceful language. Const, art. 1, § 29 reads: “The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.”

That provision likewise being clear and unambiguous has been the subject of comparatively few judicial comments. The provision is mentioned in a few cases including State ex rel. Smith v. Neal, 25 Wash. 264, 65 P. 188 (1901); State ex rel. Lemon v. Langlie, 45 Wn.2d 82, 273 P.2d 464 (1954); and in a concurring opinion (per Finley, J.) in State v. Williams, 85 Wn.2d 29, 530 P.2d 225 (1975); a dissenting opinion (per Utter, J.) in Department of Revenue v. Hoppe, 82 Wn.2d 549, 512 P.2d 1094 (1973); and a dissenting opinion (per Wright, J.) in State ex rel. Graham v. Olympia, 80 Wn.2d 672, 497 P.2d 924 (1972).

The constitutional provision with which we are primarily concerned herein (Const, art. 2, § 13) has likewise been the subject of but few cases. Those cases may be grouped into several categories. Two cases are addressed to the question of what is a civil office.

State ex rel. French v. Clausen, 107 Wash. 667, 182 P. 610. (1919) involved membership on the Industrial Code Commission. The statute (Laws of 1919, ch. 184, p. 566) pror vided that one member of the commission should .be. a member of the Senate and. one member should be a mem-. [193]*193ber of the House of Representatives. French, one of the legislators appointed to the commission, was a member of the 1919 legislature which created the commission. Briefly stated, the holding was that while the statute creating the commission was valid, the portion providing for membership by two legislators was not valid, because such membership was a “civil office.” French was prevented from recovering his expenses of $6.54 for attending a session of the commission.

Oceanographic Comm’n v. O’Brien, 74 Wn.2d 904, 447 P.2d 707 (1968) involved membership on the unsalaried Oceanographic commission. Laws of 1967, ch. 243, p. 1344, created the commission. Six members were by statute to be legislators. Without passing on the validity of the act as a whole, the court held legislators who had been members of the 1967 legislature were ineligible to membership on the commission, because such membership was a “civil office.”

Two cases deal with the desire of one George F.

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Cite This Page — Counsel Stack

Bluebook (online)
543 P.2d 229, 86 Wash. 2d 189, 1975 Wash. LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-chapman-wash-1975.