State ex rel. City of Madison v. Industrial Commission

242 N.W. 321, 207 Wis. 652, 1932 Wisc. LEXIS 163
CourtWisconsin Supreme Court
DecidedApril 5, 1932
StatusPublished
Cited by7 cases

This text of 242 N.W. 321 (State ex rel. City of Madison v. Industrial Commission) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. City of Madison v. Industrial Commission, 242 N.W. 321, 207 Wis. 652, 1932 Wisc. LEXIS 163 (Wis. 1932).

Opinion

NelsoN, J.

The claim of the city of Madison was made pursuant to the provisions of ch. 29, Laws of 1931, special session, and its validity in whole or in part depends upon the proper construction to be given to said chapter.

The city of Madison contends that while sec. 2 (1) unmistakably limits the allotment or distribution thereunder to counties administering outdoor poor relief under the county system and to cities, towns, and villages administering outdoor poor relief under the local system, sec. 2 (2) contains no such limitation; that the language “there shall be paid to counties and cities, towns and villages administering outdoor poor relief” is plain and unambiguous and [657]*657amply broad to include a city which m 1931 actually rendered outdoor poor relief, as defined- by said section, although within a county administering outdoor poor relief under the county system; that it was the duty of the Industrial Commission to consider its claim on the merits, give consideration to its proofs, determine the amount of the allotment or distribution to which it was entitled, and certify the amount thereof to the state treasurer, with directions to pay to it twenty-five per cent, of the amount found.

The Industrial Commission, on the other hand, contends that sec. 2 (1) is plain and unambiguous and designates the governmental units to which allotments or distributions may be made; that the governmental units mentioned and described in sec. 2 (1) are the only governmental units which may legally receive allotments under the act; that sec. 2 (2) must be read as though the language “under the county system” and “under the local system” found in sec. 2 (1) were specifically repeated therein following the words “administering outdoor poor relief;” that the omission of the clauses “under the county system” and “under the local system” from sec. 2 (2) may be explained on the theory that the legislature sought to effect an economy of words and to avoid unnecessary repetition; that since the primary purpose of the act was to provide relief to the unemployed, and since poor relief was theretofore administered only by counties under the county system or by cities, towns, and villages under the local system, and since the legal obligation to render poor relief rested only upon either counties or cities, towns, and villages, the act should be construed to apply only to such units as were legally obligated to render outdoor poor relief in 1931 and which will be similarly obligated to administer outdoor poor relief during 1932; and that the legislature could not have intended that an allotment or distribution of any part of the fund should [658]*658be made to a municipality not specifically obligated by law to use such allotment for outdoor poor relief purposes.

Though numerous contentions are made, the question for decision may be narrowed down to this simple question: Does sub. (2) of sec. 2, ch. 29, authorize an allotment or payment of money to a municipality situated in a county which in 1931 administered outdoor poor relief under the county system ?

In construing a statute it is the duty of the court to ascertain if possible from the law itself the legislative intent and to give it such meaning as the legislature intended. Mattek v. Langlade County, 204 Wis. 311, 236 N. W. 125; Will of Schilling, 205 Wis. 259, 237 N. W. 122; Dagan v. State, 162 Wis. 353, 156 N. W. 153; Milwaukee Northern R. Co. v. Delaney, 156 Wis. 141, 164 N. W. 825. When words of a statute are not explicit the intent of the legislature is to be collected from the context, the occasion and necessity of the law, the mischief felt, and the objects and remedy in view. State ex rel. Thieme v. Gregory, 202 Wis. 326, 232 N. W. 546. The language of a statute must be construed with reference to its context and the purposes sought to be accomplished. Wisconsin Livestock Asso. v. Bowerman, 202 Wis. 618, 233 N. W. 659.

No one can doubt that the primary if not the sole purpose of ch. 29 was to provide emergency relief to the unemployed. We may take judicial notice of the fact that commencing late in 1929 and continuing down to the present time depression and unemployment have existed throughout the length and breadth of this land; that during the year 1931 the unemployment situation was particularly acute; that at the time the legislature was in session, the winter of 1931 and 1932 promised no substantial change for the better. To relieve this situation the governor convened the legislature, in special session' primarily for the purpose of [659]*659enacting legislation looking to the raising of taxes for the purpose of permitting the state in a large way to deal with the pressing problems of poverty and unemployment. After many weeks of consideration of the problems by the legislature, ch. 29 resulted.

It is perfectly obvious that the purpose of sec. 2 (1) was to make immediately available nearly $3,000,000 for the use of those agencies of this state upon whom rested the legal obligation to relieve want and suffering and whose legal duty required the supplying of food, clothing, fuel, etc. This section assumes the existence of a general, state-wide condition, for the allotment to be made thereunder is on- the one dollar per inhabitant basis, without regard to the amount of relief rendered or administered during 1931.

Sec. 2 (2), on the other hand, provides allotments which necessarily require considerable time to determine the amount of outdoor poor relief expenditures for 1931, and considerably more time to determine what part or proportion of the labor costs of public works undertaken to provide employment for the unemployed in 1931 represents the equivalent of outdoor poor rfelief.

A comparison of the language found in sec. 2 (1) with the language found in sec. 2 (2) reveals a difference in phraseology which, as we view it, is not without significance. In view of the facts that the original relief bill was introduced in the Assembly on December 11, 1931, that it and its substitutes were before- the legislature for a considerable period of time before ch. 29 was finally enacted, and that during all of that time the several bills were subjected to careful scrutiny and occasioned extended legislative debates, it can hardly be claimed that such difference in language was due to inadvertence or to a mere desire to effect an economy in the use of words. It is clear that if the legislature had intended that only such counties or cities, [660]*660towns and villages as were administering outdoor poor relief under either the county or local systems should be entitled to allotments or distributions under sec. 2 (2), it would have been a very simple .matter to insert' in sec. 2 (2) apt words or phrases which would have expressed such intention. Piad the legislature intended to limit the allotments provided in sec. 2 (2) to those counties and municipalities mentioned in sec. 2 (1), such intention could have been made to appear by inserting after the words “administering outdoor poor relief,” either the words “under the county or local system” or “under ch. 49 of the Statutes.” Such intention might have been clearly expressed-by inserting the word “said” or the words “the aforesaid” before “counties, cities, towns and villages.” The use of any of these words or phrases at the places mentioned would have clearly connected up “counties, cities, towns and villages” mentioned in sec. 2 (2) with those mentioned in sec. 2 (1), and would have limited the allotments provided by sub.

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Bluebook (online)
242 N.W. 321, 207 Wis. 652, 1932 Wisc. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-city-of-madison-v-industrial-commission-wis-1932.