Thompson v. Pest Control Commission

75 So. 2d 406, 1954 La. App. LEXIS 882
CourtLouisiana Court of Appeal
DecidedOctober 6, 1954
DocketNo. 3870
StatusPublished
Cited by7 cases

This text of 75 So. 2d 406 (Thompson v. Pest Control Commission) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Pest Control Commission, 75 So. 2d 406, 1954 La. App. LEXIS 882 (La. Ct. App. 1954).

Opinion

CAVANAUGH, Judge.

The plaintiff is a licensed pest control operator.

The law governing pest control operators is LSA-R.S. 40:1261 to 40:1274.

LSA-R.S. 40:1272 requires each licensed pest control operator to pay the Commission $5 “for each termite-eradication contract reported.” Failure to make this payment subjects the licensee to revocation of his license.

[407]*407LSA-R.S. 40:1270- says: “Every licensed pest control operator shall report to the commission, within ten days after the end of each month, each termite control contract which he- has entered into and performed during the month immediately preceding.” (Italics supplied.)

Pest control operators are required to enter into written contract “with the property holder employing him” and to guarantee performance for a period of two years. LSA-R.S. 40:1269.

Plaintiff has found a market for his services in termite proofing for subdivision owners who intend to build numerous houses thereon. He enters into a single contract for the work required in the entire subdivision on the basis of a fixed price per square foot of area to be treated, and regards this as a “termite-eradication contract”, reports it to the Commission and pays the fee of $5 even though under the contract he may termite proof 50 or possibly 500 buildings.

Defendant contends that such interpretation is contrary to the spirit and intent of the law, because, even though the law uses the word “contract” and makes no mention of individual buildings, the word “contract” as understood in connection with termite proofing has reference, and was intended by the Legislature to have reference, to individual buildings. Under this interpretation plaintiff was failed to pay the required fee of $5 per building and therefore the Commission says if the fee is not paid within a certain time the license of plaintiff will be revoked.

Plaintiff brought this suit to enjoin the Commission against revoking his license on the stated grounds.

The District Court denied, upon hearing on the merits, the application for' a preliminary injunction. Plaintiff applied for a rehearing which was denied, whereupon, plaintiff moved for a suspensive appeal which was granted and perfected by filing of the required bond on March 1, 1954.

Plaintiff, in brief, states the primary issue thus: “Whether or not in the case of multiple unit contracts the pest .control operator is obligated to pay a fee of $5.00 per building or a fee of $5.00 per contract”. He says a secondary issue is,. “Whether or not appellant is obligated to pay any fees in connection with ‘pest prevention’ work as distinguished from ‘pest eradication’ work.”

Defendant in his brief states the question thus:

“The only question for determination by this Honorable Court is whether or not the legislature intended in Act 57 of 1930, as amended by Act 141 of 1936, as amended again by Act 124 of 1942, which is now LSA-R.S. 40:1261 to 40:1274, that every licensed pest control operator shall pay $5.00 for each building treated for termite eradication or prevention or pay $5.00 for each contract entered into, regardless of the number of buildings covered by the said contract.”

Pretermitting the question of “pest prevention” as distinguished from “pest eradication”, both plaintiff and defendant have made fair statements of the question to be decided and the resolution of the question comes down to a determination by the Court of what it thinks the Legislature had im mind and what it intended to convey by the phrases “written contract with the property holder”, LSA-R.S. 40:1269, “each termite control contract”, LSA-R.S. 40:1270, “each termite-eradication contract reported”, LSA-R.S. 40:1272, and the expressions “written contract”, “such contracts”, and “upon each contract therefor” appearing in the title of Act No. 124 of 1942.

It is doubtful that any one would take exception to the conclusion that a literal construction of these terms would make a multi-unit termite control “contract with the property holder” an exception to the requirement of reporting “each termite control contract” and, the requirement of paying $5 to the Commission for “each termite-eradication contract reported.” However, it is not. the duty of the Courts to interpret statutes literally, but rather to seek out the intention of the Legislature and render such interpretation as will be in [408]*408consonance therewith. The interpretation must give effect to all parts of the statute so long as the same is not unconstitutional or contrary to public policy.

In State ex rel. Thompson v. Department of City Civil Service, 214 La. 683, 38 So.2d 385, 388, will be found the following statement bearing directly upon the interpretation of statutes:

“ ‘ “The Supreme Court of the U. S. laid down with great force and clearness the doctrine that-in construing a statute it is the duty of the Court to seek out the intention of the Legislature and to give effect thereto in the same manner and to the same extent that it construes a will to determine the intention of the testator, or a contract to determine the intention of the parties thereto, and that no matter how broad and comprehensive may be the language employed by the statute, if it was not the intention of the Legislature to cover a particular case by that broad and comprehensive language, that then' no effect should be given to it because the Legislature did not so intend. * * * But even if the language of the act is as broad as opponents contend, it is then the duty of the court to restrain its operation within, narrower limits than the words import, if the Court is satisfied that their literal meaning would extend to cases which the legislature never intended to include.” ’
“That doctrine was affirmed in Smith v. Town of Vinton, 209 La. 587, 25 So.2d 237, 239, in which we further quoted approvingly from Gremillion v. Louisiana Public Service Commission et al., 186 La. 295, 172 So. 163, as follows:
“In the construction of statutes absurd results should be avoided, and when the literal construction would produce such a result, the letter of the law must give way to its spirit and the statute should be construed so as to produce a reasonable result. * * ”

It is clear that the foregoing rules of construction direct the attention of the Court to the statute itself with a view to construction which will give a reasonable result without too much regard to the literal meaning of the -specific words used therein.

We might quote here as appropriate the expression of the Court on this subject in Kleinpeter v. Ferrara, 179 La. 193, 153 So. 689, 690:

“But it is a .familiar rule of statutory construction'that the words of a legist lative act cannot be extended beyond their proper and natural meaning in order to meet párticular cases.”

■ In the cited case it is evident that the expression “proper and natural meaning” has reference to the meaning of the words taken in context as used in the particular statute to be interpreted.

This act, No. 124 of 1942, was passed by the Legislature under the pblice-powers of the State of Louisiana. The plain object was to bring the pest control and eradication business under expert State supervision in the interest of the public.

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Bluebook (online)
75 So. 2d 406, 1954 La. App. LEXIS 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-pest-control-commission-lactapp-1954.