Patteson v. City of Peoria

54 N.E.2d 445, 386 Ill. 460
CourtIllinois Supreme Court
DecidedMarch 21, 1944
DocketNo. 27355. Reversed and remanded.
StatusPublished
Cited by15 cases

This text of 54 N.E.2d 445 (Patteson v. City of Peoria) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patteson v. City of Peoria, 54 N.E.2d 445, 386 Ill. 460 (Ill. 1944).

Opinion

Mr. Justice Thompson

delivered the opinion of the court:

Plaintiffs, May H. Patteson, Hannah Dunne, Iva Hagerty, Grace Fleming, Elsie M. Dempsey and Irene McDonald, in an action at law against the city of Peoria, are seeking to recover the difference between the amounts paid them by said city and the sum of $175 per month for their services subsequent' to July 13, 1937, the effective date of the Policemen’s Minimum Wage Act. (Ill. Rev. Stat. 1937, chap. 24, pars. 860a, 860b.) Each plaintiff alleged in the complaint that she was a member of the regularly constituted police department of the defendant city, sworn and commissioned to perform police duties, from July 13, 1937, to a certain date thereafter, none being subsequent to June 9, 1941. Defendant answered alleging that the police department of the city consisted, during the time in question, of ninety-one members, every one of whom was duly appointed by the board of fire and police commissioners of the city; and denying that plaintiffs were members of said police department or that any of them was sworn and commissioned to perform police duties as a chief of police, chief of detectives, captain of police, lieutenant of police, sergeant of police, plain clothes man or patrolman in said department. The case was tried by the court without a jury and upon motion of defendant made at the close of plaintiffs’ evidence the suit was dismissed. Upon appeal to the Appellate Court this order of dismissal was affirmed.

The board of fire and police commissioners of the city of Peoria, under date of October 1, 1937, issued to plaintiffs May Patteson and Hannah Dunne, commissions appointing them to the positions of policewomen; to plaintiff, Iva Hagerty, on September 1, 1937, a commission appointing her day police matron; to plaintiff, Grace Fleming, on September 1, 1937, a commission appointing her night police matron; and to plaintiffs Elsie Dempsey and Irene McDonald, on October 1, 1937, commissions appointing them clerks of the bureau of identification. The plaintiffs were each sworn to perform the duties of the respective offices to which they were appointed, and there can be no contention that these were not police duties.

The Policemen’s Minimum Wage Act, under which plaintiffs claim, is an act providing the minimum salaries to be paid policemen in cities, villages or incorporated towns having a population of 10,000 or more. Section 1 of the act defines the word “policeman” and is as follows: “The word ‘policeman’ means any member of a regularly constituted police department of a city, village or incorporated town, sworn and commissioned to perform police duties, and includes the chief of police, assistant chief of police, chief of detectives, captains, lieutenants, sergeants, plain clothes men and patrolmen.”

The defendant, in support of the judgment of the Appellate Court, relies upon the general principle that the enumeration of certain things implies the exclusion of all other things not mentioned. Plaintiffs point out that this rule of construction serves only as an aid in discovering the legislative intent where not otherwise apparent and has no application where, as they claim is the case here, the meaning and intent plainly appear from the statute itself. It is their contention that the statute in unmistakable language has defined “policeman” to mean any member of a regularly constituted police department sworn and commissioned to perform police duties, thus making unnecessary any resort to rules of statutory construction; that this language must be given effect and cannot be read out of the statute or ignored under the pretense of construction ; and that the subsequent language in the section, which provides that the definition of policeman “includes the chief of police, assistant chief of police, chief of detectives, captains, lieutenants, sergeants, plain clothes men and patrolmen,” was not used to limit or restrict the meaning of the word “policeman” as thereinbefore defined to those expressly enumerated, but to make sure that such persons were included within the meaning.

A cardinal rule in the construction of a statute is that it should be so construed, if possible, that no word, clause or sentence is rendered superfluous or meaningless. (People ex rel. Krebs v. Jacksonville and St. Louis Railway Co. 265 Ill. 550.) “The good expositor,” says Lord Coke, as quoted in Perteet v. People, 65 Ill. 230, “makes every sentence have its operation; gives effect to every word; will not construe it so that anything shall be vain or superfluous, but so expressed that one part of the act may agree with the other, and all may stand together.” In construing statutes, courts look at the language of the whole act, and if they find in any particular clause an expression not so large and extensive in its import as those used in other parts of the act, and, upon a review of the whole, they can collect from the more large and extensive expressions used in other parts, the real intention of the legislature, it is their duty to give effect to the larger expressions. (Burke v. Monroe County, 77 Ill. 610.) The rule of construction that the enumeration of certain things implies the exclusion of all others not mentioned is to be applied only when it appears to point to the legislative intent and never to defeat the plainly indicated purpose of the lawmaking body. (Swick v. Coleman, 218 Ill. 33.) Where a statute contains an enumeration of certain things to which the ■ act applies and also a general term or expression concerning the application of the act, the general term or expression may be given full effect if the context shows the enumeration was not intended to be exclusive. (Springer v. Government of Philippine Islands, 277 U. S. 189, 48 S. Ct. 480, 72 L. ed. 851.) The Policemen’s Minimum Wage Act specifically states that the word “policeman” means “any member” of the police department “sworn and commissioned to perform police duties.” It then later states that it “includes the chief of police, chief of detectives, captains, lieutenants, sergeants, plain clothes men and patrolmen.” It is only by ignoring the plain and unambiguous statement that the word “policeman” means any member sworn and commissioned to perform police duties that defendant can arrive at the construction for which it contends. In none of the cases cited by defendant was it necessary to ignore preceding language in order to apply the rule that the eumeration of certain things im-

plies the exclusion of all others. The statement that the word “policeman” means any member of a police department sworn and commissioned to perform police duties is synonymous with the statement that the word “policemen” means all members of a police department sworn and commissioned to perform police duties. The statute here under consideration clearly .indicates a legislative intent to provide, in certain municipalities, a minimum wage to be paid any member of a regularly constituted police department who is sworn and commissioned to perform police duties. The scope of its application being thus so apparent should not be so limited by construction as to defeat the general purposes of the act.

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Bluebook (online)
54 N.E.2d 445, 386 Ill. 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patteson-v-city-of-peoria-ill-1944.