Board of Commissioners v. Davis

64 L.R.A. 780, 69 N.E. 680, 162 Ind. 60, 1904 Ind. LEXIS 24
CourtIndiana Supreme Court
DecidedJanuary 27, 1904
DocketNo. 19,962
StatusPublished
Cited by8 cases

This text of 64 L.R.A. 780 (Board of Commissioners v. Davis) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Commissioners v. Davis, 64 L.R.A. 780, 69 N.E. 680, 162 Ind. 60, 1904 Ind. LEXIS 24 (Ind. 1904).

Opinion

Monks, J.

This action was brought by appellee, under section two of the act of March 1, 1899 (Acts 1899, p. 381, §2330 Burns 1901), to recover nine separate rewards for furnishing information which secured the conviction of nine persons for a violation of section one of said act (§2329 Burns 1901). It is provided by section one of said act of 1899'that anyone who “sells, barters or offers to sell or barter his vote, or offers to refrain from voting for any candidate or candidates at any general, special or primary election or convention, * * * or who shall' accept any money, property or thing of value, with the promise or pretense of voting for, or refraining from voting for any candidate or candidates, shall upon conviction therefor be,” etc. The second section provides that “any person or persons having knowledge or information of the violation of the provisions of this act, who shall procure or furnish or cause to be procured or furnished the testimony necessary to secure a conviction of the person or persons violating the same shall be entitled to a reward of $100 payable out of the treasury of the county- in which such conviction shall be had and the right to such reward shall be a valid claim against such county.”

[62]*62Appellant’s demurrer for want of facts to each of the nine paragraphs of complaint was overruled. Appellant filed an answer in five paragraphs, the first of which was a general denial. The court sustained appellee’s demurrer for want of facts to each paragraph of answer except the first. A trial of said caxise resulted in a verdict, and, over a motion for a new trial, a judgment in favor of appellee. The court’s rulings on the demurrers, and the action of the court in overruling appellant’s motion for a new trial, are called in question by the assignment of errors.

It is claimed by appellee that the pleadings are not in the record, and that for this reason the judgment must be affirmed. The reasons urged by appellee to sustain this contention are the same as those set forth in Southern Ind. R. Co. v. Martin, 160 Ind. 280, and Perry, etc., Stone Co. v. Wilson, 160 Ind. 435, and upon the authority of those cases we hold that the pleadings are properly in the record.

The objection urged against each paragraph of the complaint is that it is not averred that appellee “rendered the services with a knowledge that the reward was offered, or with the intention to recover the same.”' Such allegations! are unnecessary in this State — at least when the reward) is offered in a public statute. Dawkins v. Sappington, 26 Ind. 199, 200; Board, etc., v. Wood, 39 Ind. 345, 351; Everman v. Hyman, 26 Ind. App. 165, 167-169, 84 Am. St. 284, and cases cited. See, also, Auditor v. Ballard, 9 Bush (Ky.) 572, 15 Am. Rep. 728; Eagle v. Smith, 4 Houst. (Del.) 293.

It appears from the allegations of the second, third, fourth, and fifth paragraphs of answer that appellee procured each person named in the nine paragraphs of complaint to violate §2329, supra, to sell his vote; that hci induced each of said persons to commit said crime; and in some of said paragraphs of answer it is alleged that he induced them to commit said crime with the intention [63]*63of furnishing the testimony necessary to secure a conviction, and, when convicted, to recover from the county the reward provided by §2330, supra. Said paragraphs of answer proceed upon the theory that while the law offers a reward to any person who shall procure or furnish, or cause to be procured or furnished, the testimony necessary to secure a conviction of the offender, it was not intended to reward the person who bought the vote, or who procured the same to be done, or in any way aided or abetted therein.

Appellee insists that the vote buyer comes within the terms of the statute, and for that reason the demurrer for want of facts was properly sustained to said paragraphs of answer. Said §2330, supra, provides that “any person or persons having knowledge or information of the violation of the provisions of this act, who shall procure or furnish or cause to be procured or furnished the testimony "" * * shall be entitled to a reward.” As counsel for the parties do not challenge the validity of said section, we may, without considering that question, determine its proper interpretation. Lewis v. Albertson, 152 Ind. 693; Williams v. Citizens, etc., Co., 153 Ind. 496; Boyd v. Brazil Block Coal Co., 152 Ind. 543, 544. The language employed is broad enough to include not only the vote buyer, as contended by appellee, but also the vote seller. Was this the legislative intent? The natural import of the words of a statute according to their common use, when applied to the subje'ct-matter, is to be considered as expressing the legislative intent unless it is repugnant to the acknowledged principles of justice and sound public policy, in which case the words ought to be restrained or enlarged so as to comport with those principles, unless the intention of the legislature is clearly and manifestly expressed to the contrary. This is because it will not be presumed that the.legislature will violate principles of public policy, but if such intention is clearly expressed, and [64]*64is not obnoxious to any provision of the Constitution, it must have tlie force of law. Opinion of the Justices, 7 Mass. 523-526; Hittinger v. Inhabitants of Westford, 135 Mass. 258, 259; Dixon v. Western Union Tel. Co., 68 Fed. 630, 634, 635; Maxwell v. Collins, 8 Ind. 38; Black, Interp. of Laws, 107, 108.

The constitution of Massachusetts provided that the elect- or of a senator must be an inhabitant of the senatorial district in which he votes, and the elector for representative must have resided one year in the town before he could there be a voter. It was -held in Opinion o f the Justices, supra, pp. 524-526, that while the words “inhabitants” and “residents” may comprehend aliens, they must be restrained to such inhabitants or residents as are citizens. The justices said at page 526: “This construction given to the constitution, is analogous to that given to several statutes. Creditors may levy their execution on lands of their debtors, and hold them in fee simple, unless redeemed. Although the words of the statute are general, yet they are not deemed to include alien creditors. If they were so deemed, then under color of a judgment and execution, the rule of the common law, prohibiting an alien from holding lands against the commonwealth, would be defeated. So a general provision is made for the dower of widows. Yet it is not supposed that a woman, who is an alien, can claim, and have assigned to her, dower in lands of her deceased husband.” For this reason, it is held that a statute should not be so construed as to authorize or permit a man to be a judge in his own case, or to determine his right to an office of trust or 'profit, unless the act so declares in express words. Day v. Savadge, Hob. *85; Reg. v. Owens, 2 El. & El. 86, 91-93, 105 Eng. C. L. 85, 90-92; Mersey Docks v. Gibbs, 1 L. R. H. L. 93, 110; Commonwealth v. M’Closkey, 2 Rawle (Pa.) 369, 372-376; Black, Interp. of Laws, 107; 1 Blackstone’s Comm., *91; Broom’s Legal Maxims (7th Am. ed.), 116-121,

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Bluebook (online)
64 L.R.A. 780, 69 N.E. 680, 162 Ind. 60, 1904 Ind. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-davis-ind-1904.