State ex rel. Wisconsin Telephone Co. v. Henry

260 N.W. 486, 218 Wis. 302, 99 A.L.R. 1267, 1935 Wisc. LEXIS 174
CourtWisconsin Supreme Court
DecidedApril 30, 1935
StatusPublished
Cited by66 cases

This text of 260 N.W. 486 (State ex rel. Wisconsin Telephone Co. v. Henry) 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. Wisconsin Telephone Co. v. Henry, 260 N.W. 486, 218 Wis. 302, 99 A.L.R. 1267, 1935 Wisc. LEXIS 174 (Wis. 1935).

Opinion

Fritz, J.

The allegations in the original petition, and in the subsequent complaint, sufficiently disclose the existence of a genuine and justiciable controversy because of which the plaintiff is entitled to the maintenance of an action for declaratory relief. On the plaintiff’s application for leave to commence an original action or proceeding in this court for that purpose, its right to do so was challenged. Upon a hearing and due consideration of that challenge, we concluded that it was sufficiently shown that acts which materially affected state-wide interests of the people at large were about to be performed by state officers in their official capacity, either contrary to law, or under the terms of a purported law, which was alleged not to have been enacted in the manner required by constitutional provisions; that a valid law authorizing acts and immediate action thereunder was absolutely necessary to enable the state to promptly provide and [307]*307contribute enormous sums of money required for immediate emergency relief for multitudes in distress, ’because of the existing state-wide poverty and unemployment; and that, under those and other facts of which we may take judicial notice, the situation is such, in a matter publici juris, that the remedy by an action commenced in a lower court is entirely inadequate. Consequently, it was absolutely necessary and proper for this court to take original jurisdiction of the controversy, in respect to a matter clearly publici juris, as to whether Bill No. 48 A was validly passed, signed, and published, so as to result in the enactment of ch. 15, Laws of 1935, as a valid law (Income Tax Cases, 148 Wis. 456, 498, 134 N. W. 673, 135 N. W. 164), leaving, in the event of an adjudication that the law was validly enacted, the determination of other issues as to the constitutionality or construction of provisions in the law, and which involve mere private rights or interests, to the courts which are provided for the vindication of private rights.

Bill No. 48 A, as well as ch. 15, Laws of 1935, is entitled, “An Act to raise revenues for emergency relief purposes, and making appropriations.” The obvious,' primary, and underlying purpose of the bill and the act, as finally published, was the appropriation by the state of funds which were absolutely necessary for immediate emergency relief. To enable the state to raise the enormous amount of the required appropriation, it was equally necessary to enact provisions for additional state revenue. To effect those purposes, Bill No. 48 A was introduced by the joint committee on finance of the legislature. Secs. 1 and 9 of the bill, as thus introduced, purported to state the intent of the legislature in enacting the bill; secs. 2 to 7, which were appropriately headed, e. g., “Emergency relief tax on incomes,” etc., contained the provisions for raising the necessary revenue; and sec. 8, which was entitled, “Appropriations,” contained provisions appropriating “from the general fund for relief pur[308]*308poses” the entire receipts of the revenue raised under secs. 2 to 7, and the excess in receipts, above the appropriations made, under prior emergency tax laws (including provisions in ch. 363, Laws of 1933) ; and all funds made available to the state for relief by acts of congress. In that connection it was provided in- sec. 8 (1), as originally introduced and as finally passed, that “the amount herein appropriated for relief purposes shall be allotted and used as provided by law.” By amendments, there were subsequently added to the bill, before the final passage thereof, subs. (3) to (9), inclusive, of sec. 8, and those subsections provided for the distribution, with some specific directions as to the manner and purposes thereof, of all moneys appropriated in sub. (1) of sec. 8 (less certain minor deductions specified in sub. (2) thereof, which are not now material), through an agency thereby created and designated, “The Governor’s Outdoor Relief Administration;” and, in that connection, sub. (7) of those subsections provided for the repeal of the provisions (excepting those relating to loans to needy students) in ch. 363, Laws of 1933, which conferred duties and powers upon the industrial commission, as the state’s agency for the distribution or administration of relief funds.

Upon the presentation of the bill, as passed, to the governor, pursuant to sec. 10, art. V, Wisconsin constitution (which is printed in the margin),1 he approved of all parts [309]*309thereof excepting secs. 1 and 9 (purporting to declare the legislature’s intent by the act), and subs. (3) to (9), inclusive, of sec. 8. Thereupon the governor duly returned those secs. 1 and 9, and subs. (3) to (9), inclusive, of sec. 8, together with his objections, to the assembly, as vetoed, and that house then refused to pass those parts of the bill. Plaintiff contends that the governor’s disapproval of parts of the bill, as originally passed, by the legislature, and his approval of the remaining parts thereof, was unauthorized under sec. 10, art. V, Wisconsin constitution, because the constitutional grant of power to the governor by that section to approve parts of an appropriation bill and to disapprove parts thereof does not grant power to him to approve the appropriation, and disapprove a proviso or condition inseparably connected to the appropriation, nor to disapprove parts of an appropriation bill that are not an appropriation.

In passing upon those contentions, we find it unnecessary to decide in this case whether the governor is empowered to disapprove a proviso or condition in an appropriation bill, which is inseparably connected with the appropriation, because, upon analyzing the terms of the bill in question, we have concluded, for reasons hereinafter stated, that the parts which were disapproved by the governor were not provisos or conditions which were inseparably connected to the appropriation. If they had been, the decision in State ex rel. Teachers & Officers v. Holder, 76 Miss. 158, 23 So. 643, [310]*310would afford support for the plaintiff’s contention. However, in view of our conclusion that the parts objected to by the governor were not provisos or conditions inseparably connected to the appropriation, there remains the plaintiff’s contention that the authority granted under sec. 10, art. V, Wisconsin constitution, in respect to an appropriation bill, does not empower the governor to disapprove parts thereof that are not an appropriation. That the bill is an appropriation bill within the meaning of that term, as used in sec. 10, art. V, Wisconsin constitution, is not questioned. On the other hand, the words used in the provisions of that section which are involved in this action, are so plain and unambiguous, in so far as the application thereof in the case at bar is concerned, that there is no occasion for any extended discussion here as to the history or nature of the veto or partial veto power. Interesting and excellent discussions of those matters, as well as the pernicious practices and evils in connection with the enactment of legislation, which have resulted in constitutional provisions, under which the executive veto power was enlarged to include the right to a partial veto in some respect, will be found in Fairfield v. Foster, 25 Ariz. 146, 214 Pac. 319; Commonwealth ex rel. Elkin v. Barnett, 199 Pa. 161, 48 Atl. 976, 55 L. R. A. 882, 884; Wood v. Riley, 192 Cal. 293, 219 Pac. 966; Fergus v. Russel, 270 Ill. 304, 110 N. E. 130, Ann. Cas. 1916B, 1120; State ex rel. Teachers & Officers v. Holder, supra; Fulmore v. Lane,

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Bluebook (online)
260 N.W. 486, 218 Wis. 302, 99 A.L.R. 1267, 1935 Wisc. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wisconsin-telephone-co-v-henry-wis-1935.