State ex rel. State Dental Ass'n v. Smith

270 P.2d 142, 201 Or. 288, 1954 Ore. LEXIS 238
CourtOregon Supreme Court
DecidedMay 5, 1954
StatusPublished
Cited by2 cases

This text of 270 P.2d 142 (State ex rel. State Dental Ass'n v. Smith) is published on Counsel Stack Legal Research, covering Oregon 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. State Dental Ass'n v. Smith, 270 P.2d 142, 201 Or. 288, 1954 Ore. LEXIS 238 (Or. 1954).

Opinion

TOOZE, J.

This is a suit commenced under the declaratory judgment act (ORS 28.010 to 28.060, inch), by the State of Oregon ex rel., the Oregon State Dental Association, a corporation, et al., as plaintiffs, against Edgar W. Smith et al., as defendants. Decree as prayed for in plaintiffs’ complaint was entered in favor of plaintiffs; defendants appeal.

The individual plaintiffs comprise the advisory council of the Oregon State Board of Higher Education in connection with the operation of the Dental School of the University of Oregon, and the individual defendants comprise the Oregon State Board of Higher Education.

[290]*290The suit is for the purpose of securing an interpretation and construction of ch 160, Oregon Laws 1945, now ORS 352.100 to 352.185, inch, and, particularly, to determine the status of the Dental School and the duties of the Oregon State Board of Higher Education with relation thereto.

Plaintiffs maintain, and upon the oral arguments in this court able counsel for defendants frankly conceded, that the merits of this controversy are matters of great public concern and importance. For that reason, and based upon our decision in Recall Bennett Com. v. Bewnett et al., 196 Or 299, 316, 249 P2d 479, 487, we brush aside all technical questions presented by defendants in their brief and proceed to a consideration of the matter on its merits. 1 Anderson 126, Declaratory Judgments, § 63.

The sole question to be considered and determined is whether the Dental School of the University of Oregon is a separate and distinct department or school within the educational system of this state and is under the direct jurisdiction, management, and control of the Oregon State Board of Higher Education, or whether it is simply another adjunct, subdivision, or department of the University of Oregon, and under the direct management and control of the executive officers of said university.

To solve the problem, it is necessary for us to consider and construe the provisions of ch 160, Oregon Laws 1945 (ORS 352.100 to 352.185, inch). We agree with defendants that in the construction of a statute it is the duty of the court to ascertain and declare what is expressed therein without the omission or insertion of terms or substance. Union Pac. R. R. Co. v. Bean, 167 Or 535, 546, 119 P2d 575; ORS 42.230.

[291]*291In Swift & Co. and Armour & Co. v. Peterson, 192 Or 97, 108, 233 P2d 216, Mr. Justice Warner, speaking for the court, said:

“The cardinal rule for the construction of a statute is to ascertain from the language thereof the intent of the lawmakers as to what purpose was to be served, or what object was designed to be attained. Leonard v. Ekwall, 124 Or. 351, 359, 264 P. 463; Fox v. Galloway, 174 Or. 339, 346, 148 P2d 922.”

However, it is axiomatic that when the legislature in adopting an act makes use of plain, unambiguous, and understandable language, it is presumed to have intended precisely what its words imply. There is no occasion to go beyond those words and their plain meaning to ascertain, by the application of rules of statutory construction, the legislative purpose. Fox v. Galloway, supra; 82 CJS 571, Statutes, § 322b (1), (2).

We are of the opinion that ch 160, Oregon Laws 1945 (including the title), is couched in language that is definite, certain, understandable, and free from ambiguity. Before giving attention to that statute, we shall consider briefly the status of Oregon’s institutions of higher learning, and the duties of the Oregon State Board of Higher Education with respect thereto.

Prior to 1929 the state’s institutions of higher learning were operated separately and independently, each being governed by its own board of regents. In 1929 a complete change was wrought in the state’s educational system. By ch 251, Oregon Laws 1929 (ORS 351.010 et seq.), there was created a department of the government of the state of Oregon to be known as the department of higher education. Section 1 of the Act provided that this department “shall be conducted [292]*292■under the control of a board of nine directors, to be known as the state board of higher education”. By § 6 of the Act, it was provided that “on and after July 1, 1929, the department of higher education shall succeed to and hereby is invested with all the powers and duties of the board of regents of the University of Oregon, the board of regents of the Oregon State Agricultural college [Oregon State College], the board of regents of the normal schools, and the board of higher curricula, which boards hereby are abolished effective July 1, 1929”. Section 9 of the Act provided in substance that as soon as practical, the state board of higher education should secure the assistance of some nationally recognized, impartial authority or authorities to make a complete survey covering the present conditions and future needs of all branches of state supported higher education and scientific research in Oregon. The survey was to include a study of the experience of other states in dealing with similar higher education problems, and the results of the survey were to be embodied in a report, and, based thereon, the Board should proceed to draft a program of higher educational developments adapted to the needs of the state. Section 10 of the Act provided that “the board shall inaugurate its program beginning July 1, 1931, and shall have full authority to reorganize the work of each and all of the institutions under its control so as to eliminate unnecessary duplication of equipment, courses, departments, schools, summer schools, extension activities, offices, laboratories and publications”.

Under this statute the state’s entire system of higher education was reorganized. The survey was made and the report filed; and growing out of such reorganization, the medical school of the state of Oregon (generally known as the University of Oregon [293]*293Medical School) was made a distinct and separate department of said educational system, administered directly under the supervision and control of the Board of Higher Education. Also, Oregon State College at Corvallis, the University of Oregon at Eugene, the General Extension Service, the Oregon College of Education at Monmouth, the Southern Oregon College of Education at Ashland, and the Eastern Oregon College of Education at La Grande were made separate and distinct departments of the department of education, all administered directly under the supervision of the Board of Higher Education.

It is in the light of the foregoing system of higher education in Oregon that we must consider ch 160, Oregon Laws 1945. Although the title to that act is not necessarily controlling, nevertheless, its plain wording, in view of the provisions of the statute itself, is significant. The title to the Act reads as follows: ■

“To create a new department

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Related

Brown v. Oregon State Bar
648 P.2d 1289 (Oregon Supreme Court, 1982)
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288 P.2d 1052 (Oregon Supreme Court, 1955)

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Bluebook (online)
270 P.2d 142, 201 Or. 288, 1954 Ore. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-dental-assn-v-smith-or-1954.