Sawyer v. Steinman
Sawyer v. Steinman
Opinion of the Court
The case was tried below upon a written stipulation as to the facts. This stipulation provided “that the defendant in this action has in all respects complied with all of the provisions of title 12, chapter. 6, of the Code of Iowa and the amendment thereto, unless it be with respect to the petition of consent filed with the county auditor. and canvassed by the board of supervisors and as appears on the records,” etc. The records of the board of supervisors are stipulated into the record of the trial. From these it appears that in January, 1901, the board of supervisors of Woodbury County canvassed a certain statement of consent for the sale of intoxicating liquors under the mulct law in territory outside of Sioux City, that being the only city in the county containing five thousand or more inhabitants, and they caused to be entered of record their
Section 2450 provides for the canvass of a statement of consent by the board of supervisors, and provides that “its finding as to the result in . . . the various towns- and townships therein shall be entered of record, and such finding shall be effectual for the purpose herein contemplated until revoked as herein contemplated.” There is no provision of the statute which in terms requires a “statement of facts” as contended for by appellant to be entered of record. “Its finding as to the result,” and this alone, is required to, be entered of record. The fair construction of this language does not in our judgment require the details of facts to be entered upon the record of the board
Nor does the statute prescribe the form of the “finding” in other respects. It does not in terms require that each township be named upon the records of the board. It should undoubtedly be construed to require that the finding of the board be sufficiently definite so that it could be ascertained therefrom to a certainty whether a saloon might lawfuly be operated in the incorporated town of Cushing in Koclt Township. We think that fact does appear from the finding entered of record as definitely and certainly as if the name of the town had been incorporated therein. We would therefore be trifling with the statute to hold that the record was insufficient for failure to incorporate therein the name of the town. Our conclusion is that the trial court rightly held that the finding of the board of supervisors as entered of record was not vulnerable to the complaint made against it.
Appellant contends that it should be construed as equivalent to “within twelve months.” The word “year” is, of course, often used as meaning a period of twelve months. But it is manifest that a clear distinction may exist between the expressions “within twelve months” and “in any one year.” Under our statute of definitions, the word “year” is presumptively equivalent to “year of our Lord.” Section 48, par. 11. This latter expression undoubtedly ineans an identical year as indicated by the Christian calendar, commencing January 1st and ending December 31st. And we think that must be the construction to be placed upon the statute under consideration. No cases are cited to us which hold to the contrary. Ko’r cases adopting such construction, see, Garfield v. Dodsworth, 9 Kan. App. 752 (58 Pac. 565); Atlanta v. Ray, 70 Ga. 674; Fretwell v. McLemore, 52 Ala. 145; Fugleman v. State, 2 Ind. 91 (52 Am. Dec. 494). Appellant places some reliance upon the case of In re Intoxicating Liquors, 120 Iowa,
It is argued that we should construe these statutes so as to prevent evasion, as provided therein, and this we are at all times disposed to do. But this does not mean that we shall add anything to a statute by judicial construction ex post facto. Let the law be diligently enforced in letter and in spirit; but let it be written plainly, and judicially construed as written, so that every offender may know his offense before he commit it. In such way, and in such way only, may the ax of sure and severe punishment fall justly.
The order of the trial court is affirmed.
Dissenting Opinion
(dissenting). — 1.‘ The statement in the foregoing opinion the “finding as to the result and this alone” is the sole requirement of the statute, while correct in a certain sense, has the effect as there used to unduly narrow the expressed legislative intent. What the statute requires is that a record shall be made of the board’s “finding as to the result ... in the various towns and townships” of the county. This I interpret as meaning that the record shall show, not merely the broad conclusion stated in general terms that the petition is or is not subscribed by a “majority of the voters of' every town and township in Woodbury County,” with certain exceptions, but a record showing, as to each and every town and township, the number of voters disclosed by the poll lists of the last general election, and the number of such voters whose names appear on the petition of consent. Without such record, the right of appeal which the statute preserves to every citizen of the county would be greatly hampered. It leaves every essential fact veiled in impenetrable ob
II. Concerning the other question treated in the opinion, I am inclined to the view that the statutory provision that no more than one statement of consent shall be canvassed by the board “in any one year” was intended to insure an interim or period ofi repose of at least one year between the. presentation and canvass of successive petitions. If this be the intent, then the construction adopted by the majority, that the phrase “in any one year” is meant' the calendar year from January 1st to December 31st, inclusive, serves or may serve to defeat it, and, although the board has canvassed and found insufficient a petition of consent at its November term, it may proceed to canvass another at its next meeting in January following. I think it was the purpose of the Legislature to avoid such results, and that at least twelve months should intervene after one canvass is made before another is undertaken.
In my judgment the decree appealed from ought to be reversed.
Reference
- Full Case Name
- H. H. Sawyer v. V. E. Steinman
- Status
- Published