Houston v. Symington Wayne Corp.

369 P.2d 424, 149 Colo. 332
CourtSupreme Court of Colorado
DecidedFebruary 26, 1962
DocketNo. 19,847
StatusPublished

This text of 369 P.2d 424 (Houston v. Symington Wayne Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houston v. Symington Wayne Corp., 369 P.2d 424, 149 Colo. 332 (Colo. 1962).

Opinion

Opinion by

Mr. Justice McWilliams.

[333]*333To blend or not to blend, that is the question.

Stated somewhat differently, the question to be resolved is: Does C.R.S. ’53, 100-2-20 prohibit the use of the Blend-O-Matic gasoline pump in Colorado. Harvey H. Houston, acting in his official capacity as State Inspector of Oils of the State of Colorado, answered this question in the affirmative. Whereupon the Symington Wayne Corporation, a Maryland corporation which manufactures the type of gasoline pump here involved, brought the present action seeking a declaratory judgment that C.R.S. ’53, 100-2-20 “does not prohibit the installation and use of the Blend-O-Matic pump” or, in the alternative, if the statute does preclude use of this pump, then a declaration that the statute is unconstitutional. In a second claim it sought an order setting aside Houston’s “decision prohibiting the installation and use of Blend-O-Matic” and a further order directing Houston “to inspect for accuracy all Blend-O-Matic pumps as and when the same may be installed and, if found to be correct, seal the same as correct and cause said sealing to be approved by himself or one of his deputies.”

Upon trial the learned trial judge held that Blend-OMatic did not operate in violation of C.R.S. ’53, 100-2-20 and entered judgment to that effect. It was further decreed that Houston could not refuse to approve Blend-O-Matic on the basis of C.R.S. ’53, 100-2-20, and that his approval of this pump should be granted if Blend-OMatic met the other statutory requirements pertaining to the installation and use of gasoline pumps. Motion for new trial was dispensed with, whereupon Houston filed in this Court his “Application for Supersedeas and Final Determination.” Symington Wayne Corporation consents to a final determination of this matter upon Houston’s application for supersedeas, and we shall so do.

The purpose of the Blend-O-Matic gasoline pump is to permit motorists, if they choose, to purchase gasoline which is “part” premium and “part” regular, the pro[334]*334portion of each to be determined by the customer. From the record it is learned that the Blend-O-Matic pump operates in the following manner. Under each Blend-OMatic pump are two storage tanks, one of which is for premium gas and the other for regular gas. From each tank is a rubber hose which goes up through the pump and into the nozzle where there is an automatic “mixing” or “blending” of the gasoline drawn from the two tanks, which mixture is then discharged into the customer’s gas tank. The amount of flow from each tank is regulated by a selector knob located on the side of the pump to the end that the pump is mechanically capable of delivering seven different blends of premium and regular gas, the graduations being in progressions of 121/2%. A customer can purchase “straight” premium or “straight” regular from a Blend-O-Matic pump, but in addition he may select any of the following blends of premium and regular gas:

Regular Blend Premium

87%% #1 consisting of and 12%%

#2 75% 25%

#3 62%% 37%%

#4 50% 50%

#5 37%% 62%%

#6 25% 75%

#7 12%% 87%%

On the front of the tank appears the cost per gallon for each of these seven blends, and, as was mentioned above, by pushing a selector knob located on the side of the pump any one of the seven blends may be instantaneously delivered to the customer’s tank. The total number of gallons purchased as well as the total cost thereof also appears on the pump in the same manner as on the typical gasoline pump presently in use in Colorado.

The underlying reason for the manufacture of this particular type of a gasoline pump is the belief that [335]*335there is customer demand for gasoline which is neither “straight” premium nor regular, but is rather a blend of the two. It is said that each individual automobile engine has its own individual fuel requirements, and that this pump is designed to help meet this need.

Houston declined to “approve” the Blend-O-Matic pump solely on the ground that in his opinion C.R.S. ’53, 100-2-20 precluded its use in Colorado. C.R.S. ’53, 100-2-20 was enacted by the General Assembly in 1931 and reads as follows:

“Trade names — unlawful use. — It shall be unlawful for any person, firm, or corporation, to expose for sale, offer for sale, or sell, under any trade mark or trade name in general use, any liquid fuels, lubricating oils, or other like products, except those manufactured or distributed by the manufacturer or distributor marketing liquid fuels, lubricating oils, or other like products, under such trade mark or trade names, or to substitute, mix, or adulterate, the liquid fuels, lubricating oils, or other similar products, sold, offered for sale, or distributed, under such trade mark or trade name.” (Emphasis supplied.)

It is Houston’s contention that Blend-O-Matic’s method of operation is in direct violation of the italicized portion of the foregoing statute in that Blend-O-Matic does “mix” a liquid fuel sold under a trade mark or trade name.

Our attention has not been directed to any decision of this or any other court dealing with the interpretation to be given this type of a regulatory statute as it applies to the installation and operation of a gasoline pump. It does appear that Blend-O-Matic has been approved in every state except Colorado, and that certain of these states do have a statute virtually identical with ours. However, the “approval” in each instance was in the form of an opinion from the Attorney General. Accordingly, without the benefit of judicial precedent, we shall proceed to a consideration of C.R.S. ’53, 100-2-20.

[336]*336In construing a statute the cardinal rule universally followed is that the judiciary should attempt to determine the intent of the legislative body in an effort to arrive at the true meaning of the statute under consideration. As Judge Learned Hand in Central Hanover Bank & Trust Co. v. Commissioner of Internal Revenue, 159 Fed. (2d) 167, so aptly said:

“There is no more likely way to misapprehend the meaning of language — be it in a constitution, a statute, a will or a contract — -than to read the words literally, forgetting the object which the document as a whole is meant to secure. Nor is a court ever less likely to do its duty than when, with an obsequious show of submission, it disregards the overriding purpose because the particular occasion which has arisen, was not foreseen. That there are hazards in this is quite true; there are hazards in all interpretation, at best a perilous course between dangers on either hand; but it scarcely helps to give so wide a berth to Charybdis’s maw that one is in danger of being impaled upon Scylla’s rocks.”

To a like effect, this Court in Richardson v. El Paso Consolidated Gold Mining Company, 51 Colo. 440, 118 Pac. 982 said:

“The intent of a statute is the law. The cardinal rule of statutory construction is to discover and enforce its intent. In construing a statute the cause and necessity for it, the object in view, and the evil which it is intended to remedy should always be taken into consideration in determining its intention; consequently, words employed should be given that meaning when possible, which will result in effecting the object for which it was enacted.” See also, St. Luke’s Hospital v. Industrial Commission of Colorado, 142 Colo. 28, 349 P. (2d) 995.

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Related

St. Luke's Hospital v. Industrial Commission
349 P.2d 995 (Supreme Court of Colorado, 1960)
Richardson v. El Paso Consolidated Gold Mining Co.
51 Colo. 440 (Supreme Court of Colorado, 1911)

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Bluebook (online)
369 P.2d 424, 149 Colo. 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-symington-wayne-corp-colo-1962.