Cranston v. Thomson

530 P.2d 726
CourtWyoming Supreme Court
DecidedJanuary 17, 1975
Docket4445-4447
StatusPublished
Cited by38 cases

This text of 530 P.2d 726 (Cranston v. Thomson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cranston v. Thomson, 530 P.2d 726 (Wyo. 1975).

Opinions

Mr. Chief Justice PARKER

delivered the opinion of the court.

This is an appeal by plaintiffs and the two intervenor organizations from an order dismissing the complaints for failure to state a justiciable cause.1 In their complaint plaintiffs sought to declare void and unconstitutional § 22.1-401, W.S.1957, 1973 Cum.Supp., requiring a candidate’s written approval to expenditures on his behalf, and certain subsections of § 22.1-389, W.S.1957, 1974 Interim Supp.,2 concerning the limitation of campaign expenditures and restricting certain practices. There was also a prayer seeking to prohibit enforcement of the mentioned statutes, but this aspect is not pursued in the appeal.

The complaint asserted plaintiffs’ status as resident electors, that said Cranston and Doughty had been candidates for state representative in the 1972 election and Cran-ston was an announced candidate for the same office in 1974, that Otto “may become a candidate for office in 1974,” and alleged the membership of all plaintiffs in one or more organizations which seek through joint action to support the nomination and election of candidates for public office, which activities exposed the plaintiffs to potential civil and criminal penalties. It stated that the challenged statutes affected and harmed them, charging unconstitutionality on numerous grounds as violative of “Article I, Section 1, Article I, Section 2; Article I, Section 3; Article I, Section 6; Article I, Section 7; Article I, Section 9; Article I, Section 10; Article I, Section 11; Article I, Section 20; Article 1, Section 21; Article I, Section 27; Article I, Section 34; Article I, Section 36; Article III, Section- 27, of the Constitution of the State of Wyoming and the First, Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States. Article I, Section 4 and Article VI of the Constitution of the United States * *

[728]*728The intervenor AFL-CIO stated its organizational structure, certain provisions in its constitution, and said that it had “in the past and anticipatorily in the future, will endorse candidates, make contributions from funds voluntarily contributed and otherwise support the electoral interests of candidates including specifically those seeking national office, deemed best to recognize and support the interests of labor.” Its prayer was similar to that of plaintiffs.

The intervenor Wyoming PACE recited its voluntary nonprofit, unincorporated status, the individuals combined to support political candidates favorable to education, the receipt of donations from its members, and the selection through its board of directors of candidates favorable to education, who would receive the campaign donations. PACE charged unconstitutionally of the mentioned statutes on grounds substantially similar to those asserted by plaintiffs and 'by the intervenor AFI^-CIO, appending a like prayer.

In an amended complaint the intervenor AFD-CIO recited additionally its contribution of moneys in various capacities to candidates in the 1972 general election as well as the fact that it had on hand substantial funds collected from per capita tax and moneys received from nonresidents of the State and desired to contribute some of the money to the Congressional candidate and presently planned and desired to continue its past practice of making contributions to candidates for election.

In an amended complaint, PACE further alleged that it presently held a checking account of $4,152.90 contributed by its members for the purposes of soliciting and receiving donations to the campaigns of announced political candidates supporting education or to the political parties they represent, and that its Board of Directors had selected certain candidates whom they wished to support and had donated the sum of $500 to the National Education Association Political Action Committee, an organization which makes campaign donations to candidates for the United States Congress and Senate from various states, including Wyoming.

From a dismissal of plaintiffs’ and inter-venors’ complaints, on the grounds that neither the pleadings nor the testimony in evidence adduced in support thereof gave rise to a justiciable controversy upon which the court might act, this appeal has resulted.

The appellants here urge the existence of a justiciable controversy, the unconstitutionality of the challenged laws on the grounds asserted in the pleadings, and ask for a decision as to the merits of the action. The threshold question, of course, is that of justiciability, the basis for the trial court’s order of dismissal. On that aspect, all parties here take comfort in the case of Brimmer v. Thomson, Wyo., 521 P.2d 574; and it may therefore be salutary to summarize our analysis of what was said therein.

Aside from general discussion explanatory of but unnecessary to the result, we held in Brimmer that each of the three senators who were defendants had, if qualified therefor, a genuine, existing, and fundamental right to seek the public office of governor. Such right had been improperly restricted and abrogated by a previous opinion of the Attorney General. Thus, a justiciable controversy existed. In reaching the decision, various incidental and foundation matters received some attention, including (a) the necessary elements of a justiciable controversy under the Uniform Declaratory Judgments Act, (b) a notation of the unquestioned axiom that the Declaratory Judgments Act cannot be relied, upon to secure an advisory opinion, and (c) the caution essential to application of the public interest concept; but reference to any of these remarks taken out of context is unwarranted.

Perhaps there should be some delineation of the rule that a declaratory judgment cannot be relied upon to secure an advisory opinion. •

“ * * * Courts will not render advisory opinions on abstract questions of law about which there is only a disagree[729]*729ment rather than an actual controversy between the parties. * * * ” Wagner v. Mahaffey, 195 Kan. 586, 408 P.2d 602, 605.
“The Declaratory Judgments Act gives courts no power to determine future rights or controversies in anticipation of events that have not occurred * * * Glasgow v. Fox, 214 Tenn. 656, 383 S. W.2d 9, 13.

We adopt these holdings. The reasons for this rule are obvious since binding legal determinations made in the abstract and decisions rendered without concrete factual background would be imprecise, subject to speculation, and would create rather than diminish future controversies. We have thus made it clear that the court is precluded by logic as well as precedent from issuing advisory opinions. We have also indicated in Brimmer the requisites of a justi-ciable controversy under the Uniform Declaratory Judgments Act: (a) that it requires parties who have existing and genuine, as distinguished from theoretical rights and interests, (b) the controversy must be one upon which a court may effectively operate rather than an argument calling for a purely political, administrative, philosophic, or academic conclusion, and (c) it must be one of which a judicial determination may have the force and effect of a final judgment upon the rights, status, or legal relationships of a real party in interest.

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Bluebook (online)
530 P.2d 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cranston-v-thomson-wyo-1975.