State ex rel. State Agricultural Society v. Timme

14 N.W. 604, 56 Wis. 423, 1883 Wisc. LEXIS 402
Wisconsin Supreme Court·Decided January 9, 1883·Published·Cited by 7 cases

Opinion

Cassoday, J.

A writ of manclarrms is invoked to enforce payment of money claimed as having been appropriated to the relator by ch. 294, Laws of 1882, in the language: “ There is hereby appropriated to the state agricultural society the sum of $2,000, out of any money in the general fund not otherwise appropriated; provided, that their next annual exhibition shall not be held at the same time of the next annual exhibition of the northern agricultural and mechanical society.” Ch. 294, Laws of 1882. This act was [425]*425approved March 30, 1882. Two clays previously another act was approved appropriating money in the following language: “ There is hereby appropriated to the Northern Wisconsin Agricultural and Mechanical Association the sum of $1,000, out of any money in the general fund not otherwise appropriated ; provided, that their next annual exhibition shall not be held at the same time of the next annual exhibition of the State Agricultural Society.” Oh. 243, Laws of 1882. The first act originated in the assembly, and the second in the senate.

We agree with the learned counsel for the . relator that questions of misdescription in statutes, like other questions calling for construction, merely present questions of intent, and where the language is plain, certain, and unambiguous, interpretation is not allowable. He therefore insists that the court has no right, by way of construction, to hold that the “ northern agricultural and mechanical society,” mentioned in the act of appropriation under which the relator claims, is the “Northern Wisconsin Agricultural and Mechanical Association ” mentioned in ch. 243 and in the relation, as holding a fair during the time in question. But ch. 294 refers to the northern agricultural and mechanical society in general language, without quotation marks or capitals, as an existing society. Being such, it must have been previously organized under corporate authority, and expected to hold a fair during the year 1882. According to Lord Bacon, “all words, whether they be in deeds or statutes or otherwise, if they be general and not express or precise, shall be restrained unto the fitness of the matter or person.”

As stated by counsel, there are many rules of interpretation, and much refinement in the books, but all agree, we apprehend, that “ it is not the words of the law, but the internal sense of it, that makes the law. The letter of the law is the body; the sense and reason of the law is the soul. Every statute ought to be expounded, not according to the [426]*426letter, but according to the meaning. . . . The enlarged interpretation of a law will penetrate the soul and spirit of a law, and reach the intent and meaning of a legislator.” Potter’s Dwarris, 115. ¥e not only feel justified, but in duty bound, to look into the legislation of the state, for the purpose of ascertaining, if we can, to what corporate body the legislature referred by the words “ the next annual exhibition of the northern agricultural and mechanical society,” found in ch. 294. It is quite obvious that they must have intended some society which had already held an annual exhibition, or else they would not have said “ the next annual exhibition.” The fact that at substantially the same time the legislature made an appropriation to a society by that same name, except that the word “ "Wisconsin ” was interjected between the words “ Northern ” and “ Agricultural,” and the word Association ” substituted for the word “ society,” with a similar proviso that thev>- next exhibition shall not be held at the same time of the next annual exhibition of the State Agricultural Society,” is of itself a forcible suggestion that the society to which the appropriation was made by ch. 243 was the same society which the legislature had in mind and intended to refer to in adopting the proviso in ch. 294. It is true, the word “ Wisconsin ” is not in that proviso. The proviso, however, must refer, not only to a society in Wisconsin, but in northern Wisconsin, for it says, “ the northern agricultural and mechanical society.” It must also be inferred that the legislature must have regarded it as so located that the holding of the next annual exhibition of the state agrieuli/u/ral society at the same time of such northern agricultural and mechanical society would materially interfere with it; otherwise there would seem to be no object in enacting the proviso. By looking into the legislation, we find that the “Northern Wisconsin Agricultural and Mechanical Association ” was incorporated by ch. 413, Laws of 1811, as being located at Oshkosh. By that name it has [427]*427been recognized as an institution of the state, and moneys have from time to time been appropriated to it. Oh. 102, Laws of 1875; ch. 228, Laws of 1876; ch. 208, Laws of 1877; ch. 48, Laws of 1878; ch. 72, Laws of 1879; ch. 122,. Laws of .1880; ch. 125, Laws of 1881. Its proximity to Eond du Lac, where the state fair was held that year, was such as to suggest a pecuniary inducement on the part of the state to each society in order to secure, if possible, the holding of their respective fairs at different periods. It does not appear from the relation that there is, and we are not aware of, any other incorporation or society in the state to which the words in the proviso of ch. 294, Laws of 1882, could apply; and hence we must hold that they were intended to apply to this well-established and well-recognized association.

Besides, if we were to adopt the sharp literal rule of construction urged, it would be most fatal to this application. The appropriation here claimed by the relator was made “ to the state agricultural society,” which is alleged to be a corporation duly organized and existing under and by virtue of the laws of this state. The only corporation under the laws of this state answering that description, that we are aware of,' is the “ "Wisconsin State Agricultural Society,” which was incorporated by ch. 5, Laws of 1853. By that name it has ever since been continued and recognized by the legislature of the state. Sec. 1, ch. 80, R. S. 1858; sec. 1456, R. S. As we understand, it is the officers of that society who are here claiming the appropriation in question, and we do not think they should be precluded from getting it merely by reason of the omission of the word “ Wisconsin.” This court held that the word “ Milwaukee,” before the word “ Mutual,” in the name of an insurance company, “ must be regarded as a mere clerical error,” in Nazro v. Merchants' Mut. Ins. Co., 14 Wis., 295. In that case it was held that “ legislative enactments are not, any more than any other writings, to be .defeated on account of mistakes, errors, or omissions, provided the inten[428]*428tion of the legislature can be collected from the whole statute.” That case was followed in Att'y General v. Railroad Companies, 35 Wis., 556-7, where it was held, in effect, that the court could look into the laws of the state to solve the question of the identity of a corporation, especially where the different acts are in pari materia. As we do not think that the mere omission of the word “ Wisconsin ” in the appropriating clause of ch. 294 should defeat the “ Wisconsin State Agricultural Society

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State ex rel. State Agricultural Society v. Timme, 14 N.W. 604, 56 Wis. 423, 1883 Wisc. LEXIS 402 (Wis. 1883).

14 N.W. 604 (State ex rel. State Agricultural Society v. Timme) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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