Worachek v. Stephenson Town School District

70 N.W.2d 657, 270 Wis. 116, 1955 Wisc. LEXIS 409
CourtWisconsin Supreme Court
DecidedJune 1, 1955
StatusPublished
Cited by46 cases

This text of 70 N.W.2d 657 (Worachek v. Stephenson Town School District) 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
Worachek v. Stephenson Town School District, 70 N.W.2d 657, 270 Wis. 116, 1955 Wisc. LEXIS 409 (Wis. 1955).

Opinions

CuRRiE, J.

Sec. 39.15, Stats. 1951 (presently sec. 40.43, Stats. 1953), provides as follows:

“Teachers’certificates. (1) If any person desires to teach in any of the public schools, or in schools maintained and operated by county homes for dependent children or other county or state institutions or schools in which children are received for care or education, he shall procure a certificate from the state superintendent.
“(2) It shall be the duty of every person who contracts to teach in any public school to file in the office of the county or city superintendent within ten days after entering into such contract a statement showing the date of expiration and the grade and character of certificate held. The superintendent shall promptly notify the proper school clerk of the receipt of such statement. No order or warrant shall be issued by the clerk of the school board or board of education in payment of the salary of any teacher, unless such teacher shall have complied with the provisions of this subsection.”

It is the contention of the defendant district that because the plaintiff did not file with the county superintendent of schools a statement to the effect that he held an “unlimited certificate” within ten days after entering into his new contract for the school year of 1951-1952, the provision contained in the last sentence of sec. 39.15 (2), Stats. 1951, bars him from recovering any compensation under such contract. On the other hand, it is the position of plaintiff that the ten-day filing requirement of the statute is directory and not mandatory, and, inasmuch as the clerk of the district in behalf of plaintiff did file during the summer of 1951 with [120]*120the county superintendent of schools a statement as to the type of certificate held by plaintiff, there has been such compliance with the statute as to entitle him to his compensation under his contract.

50 Am. Jur., Statutes, p. 47, sec. 24, states that the following are the proper tests to be applied in determining whether a statutory provision is mandatory or directory:

“There is no well-defined rule by which directory provisions in a statute may, in all circumstances, be distinguished from those which are mandatory! In the determination of this question, as of every other question of statutory construction, the prime object is to ascertain the legislative intention as disclosed by the terms of the statute, in relation to the scope, history, context, provisions, and subject matter of. the legislation, the spirit or nature of the act, the evil intended to be remedied, and the general object sought to be accomplished.”

Of the above-listed tests we find it only necessary to consider two, viz.: (1) The general objective sought to be accomplished; and (2) the history of the statute.

When subs. (1) and (2) of sec. 39.15, Stats. 1951, are construed together it seems clear that the objective of the legislature was to see that only qualified persons were permitted to teach in the schools of the state by requiring, as a condition precedent to so teaching, a certificate from the state superintendent. In order to put teeth into such requirement, sub. (2) of the statute provides that no school clerk can issue any order or warrant in payment of the salary of a teacher whose qualifications have not been filed with the county superintendent and the clerk notified by the latter of such filing. Such statutory objective would be fully achieved ;by holding the ten-day filing requirement to be directory instead of mandatory. In other words, we can perceive no legislative intent requiring us to construe the time-of-filing provision as mandatory.

[121]*121Turning now to the history of the statute, we do find a compelling reason why the ten-day filing provision should be construed as directory and not mandatory. Sub. (2) of sec. 39.15, Stats. 1951, in its original form was enacted by ch. 82, Laws of 1921. As so originally enacted, said subsection read as follows:

“It shall be the duty of every person who contracts to teach in any public school or department thereof, to file in the office of the county or city superintendent within ten days after entering into such contract, a certified statement showing the date of expiration, by whom issued, and the grade and character of certificate held, unless such certificate is one which shall have been issued by the superintendent having jurisdiction over such school or department. If any teacher shall refuse or wilfully neglect to comply with the provisions of this subsection he or she shall forfeit one week’s salary, and it shall be the duty of the treasurer of the school board or board of education to withhold such amount and turn it oyer to the county treasurer for the benefit of the school fund. No order or warrant shall be issued by the clerk of the school board or board of education in payment of the salary of any teacher, unless such teacher shall have complied with the provisions of this subsection.” (Italics supplied.)

While slight changes were made by amendment made therein prior to 1939, they are not of material importance upon the issue before us on this appeal. By sec. 3, ch. 53, Laws of 1939, the legislature did make a further amendment of this statute which we consider to be of the utmost significance. The same consisted of striking from the statute the italicized sentence above quoted which provided a specific penalty of the forfeiture of one week’s salary from any teacher who should “refuse or wilfully neglect” to comply with the ten-day filing requirement. The last sentence of sub. (2), sec. 39.15, Stats. 1951, is couched in the identical language as originally enacted by the legislature in 1921. If, [122]*122prior to the 1939 amendment, this sentence were to be interpreted as providing that no teacher could collect salary who had filed a statement as to the character of the certificate held by him with the county superintendent later than ten days after entering into his teaching contract, the other provision providing for the forfeiture of a week’s salary as a penalty for wilful failure to file in time would have been superfluous and meaningless. One of the cardinal rules of statutory construction is that the statute should be construed so as to give effect to every part of it. State v. Berres (1955), ante, p. 103, 70 N. W. (2d) 197.

We, therefore, must construe tire last sentence of sec. 39.15 (2), Stats. 1951, as it stood prior to the 1939 amendment thereof, as only prohibiting a clerk from paying out salary to a teacher as to whom no statement of qualifications had been filed with the county superintendent, and that the same was not applicable to a situation where the teacher’s qualifications had been filed after the lapse of more than ten days after entering into the teaching contract. We cannot believe that the legislature, by its 1939 amendment striking out the provision providing for the penalty of a week’s salary for wilful failure to file the qualifications data within the ten-day period, intended thereby to give the last sentence of the statute any different meaning than it had prior to the amendment. We, therefore, construe the effect of such 1939 amendment as clearly indicating a legislative intent that the ten-day filing requirement was directory merely and not mandatory.

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Bluebook (online)
70 N.W.2d 657, 270 Wis. 116, 1955 Wisc. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worachek-v-stephenson-town-school-district-wis-1955.