County of Washington v. Benjamin Gates, Auditor of Accounts,

• Decision Date: 16 February 1936
• Citation: 183 A. 506,108 Vt. 117
• Parties: COUNTY OF WASHINGTON v. BENJAMIN GATES, AUDITOR OF ACCOUNTS, ET AL
• Court: Vermont Supreme Court

183 A. 506

108 Vt. 117

COUNTY OF WASHINGTON v. BENJAMIN GATES, AUDITOR OF ACCOUNTS, ET AL

Supreme Court of Vermont

February 16, 1936

January Term, 1936.

P L. 9066, Purchase of Supplies for Jails by Purchasing Agent---Revision of Statutes---Scope of Revision Commission's Authority in Proposing Changes---Effect of Legislative Action on Proposed Change---Construction of Statutes---Fundamental Rule to Ascertain Intent of Legislature---How Ascertained When Not Clear---P. L. 9066 Construed, Water for Jails to be Furnished at Expense of State---Mandamus to Compel Payment Therefor.

1. Where commission appointed to revise statutory law, with authority, to propose additions, repeals, or amendments prepared a proposed revision with a section therein containing same language found in P. L. 9066 and in its report called attention to fact that chapter of proposed revision of which such section was a part, had been rewritten and rearranged, and that amendments had been written in, held that commission acted within scope of its authority in proposing amendment of corresponding section of previous revision by adding water to list of supplies which purchasing agent is required to purchase for the several jails.

2. Where a commission appointed to revise statutory law proposed addition to existing statute relating to supplies and services to be purchased by purchasing agent for the several jails, and proposed revision, including such additions, was adopted by the Legislature in usual manner for passage of an act, the statute with such addition became the law of the State whether or not the commission acted within the scope of its authority in making such addition.

3. The fundamental rule for the construction of statutes is to ascertain the intent of the Legislature: from the act itself if the language is plain, but where doubtful in meaning, by considering the statute in the light of all of its provisions, the object to be accomplished by its passage, its title, pre-existing legislation on the same subject, and other relevant circumstances.

4. In view of the object to be accomplished, the pre-existing legislation on the same subject, and the context of P. L 3345 and 9066, held that P. L. 9066 is to be construed as imposing on the State the burden of paying for water supplied to the county jails, and not merely as authorizing the purchasing agent to purchase water for the jails at the expense of the county.

5. Under the provisions of P. L. 9066, mandamus will lie to compel auditor of accounts to issue, and State treasurer to pay, warrant for amount due for water furnished to a jail.

PETITION FOR MANDAMUS to Supreme Court, Washington County, to compel auditor of accounts to issue, and State treasurer to pay, warrant for water furnished to Washington County jail, under provisions of P. L. 9066. The petitionees demurred. The opinion states the case. Petition granted.

Judgment that a mandamus issue directed to the said Benjamin Gates, as Auditor of Accounts, commanding him to allow the claim described in the petition at the sum of thirty-five dollars, and to issue his order on the State Treasurer for that amount, payable to the order of the City of Montpelier, and deliver to said the Thomas H. Cave, as State Treasurer, commanding him to pay such order upon presentation of the same to him.

Webster E. Miller for the petitioner.

Lawrence C. Jones, Attorney General, for the petitionees.

Present: POWERS, C. J., SLACK, MOULTON, THOMPSON, and SHERBURNE, JJ.

OPINION

SLACK

This is a petition for mandamus brought by the assistant judges of Washington county court to compel the auditor of accounts forthwith to issue a warrant to the order of the City of Montpelier for the sum of thirty-five dollars in payment of water furnished by it to the Washington county jail for the six months ending October 1, 1935, and to compel the State treasurer to pay such warrant. Whether the petition should be granted depends upon the legality and effect of that part of P. L. 9066 which reads as follows "The purchasing agent shall * * * purchase the fuel, water, lights, bedding and clothing for the several jails." Prior to the 1933 revision of the statutes, each county provided water for its jail, at its own expense. The defendants contend that this change was made by the commission created in 1931 to revise the statutes without "legislative authorization," and if not that, it is a mere "enabling act" that requires the purchasing agent, upon requisition of the assistant judges, to purchase water for the several jails at the expense of the county wherein such jail is located. The first claim is untenable. Section 4 of No. 172, Acts of 1931, the act which created the commission to revise the statutory law of the State, provided, that such commission should propose to the General Assembly such additions, repeals or amendments to the then existing statutes as it might deem proper and expedient. The commission prepared a complete and comprehensive revision of the entire statutory law of the State which it submitted to the General Assembly of 1933 in the form of a "Proposed Revision" of the Public Laws of Vermont. Section 8703 thereof contained the precise language found in P. L. 9066. With such proposed revision, the commission...