Maricopa County v. Douglas

• Court: Arizona Supreme Court
• Writing for the Court: DeConcini, Justice.
• Citation: Maricopa County v. Douglas, 69 Ariz. 35, 208 P.2d 646 (Ariz. 1949)
• Decision Date: 18 July 1949
• Docket Number: 4998
• Parties: MARICOPA COUNTY v. DOUGLAS et al

208 P.2d 646

69 Ariz. 35

MARICOPA COUNTY v. DOUGLAS et al

No. 4998

Supreme Court of Arizona

July 18, 1949

Appeal from Superior Court, Maricopa County; M. T. Phelps, Judge.

Judgment reversed and remanded with instructions to enter judgment for plaintiff in conformity with opinion.

Francis J. Donofrio, County Atty., Warren L. McCarthy, Deputy County Atty., Phoenix, for appellant.

Leslie C. Hardy, Phoenix, for appellees.

Charlie W. Clark and John Henley Eversole, Phoenix, amici curiae.

DeConcini Justice. LaPrade, C. J., Udall, J., and Dudley Windes Superior Judge, concurring. Stanford, J., not participating due to illness.Note: Justice PHELPS having disqualified himself, Superior Court Judge DUDLEY WINDES, of Maricopa County, was called to sit in his stead.

OPINION

DeConcini Justice.

Maricopa County, appellant, a body politic, brought suit against defendant Judie Douglas and L. E. Douglas, her husband, appellees, for return of the sum of $ 1,825 paid to Mrs. Orpha Giles, mother of Judie Douglas, for old-age assistance under the Public Welfare law. The case was tried on an agreed statement of facts, and in open court at the time of argument of this case counsel stipulated one change. The facts are briefly as follows.

Mrs. Orpha Giles, mother of Judie Douglas, one of the appellees, was eligible for old-age assistance, and received from the Maricopa County Board of Social Security & Welfare, hereinafter referred to as the Board, old-age assistance from April 1, 1941, to December 1, 1945, the sum of $ 1,825. Mrs. Giles has continuously resided with her daughter and son-in-law since before 1941. During 1941 through 1945, inclusive, appellees filed both federal and state separate income tax returns, each of which reported an income in excess of $ 3,000 annually. Said income was community property and taxes thereon were paid out of community funds. Judie Douglas owned no separate property during those years, but had sufficient community property to support her mother Mrs. Giles. Property owned by appellees consists solely of community property. During the years 1941 to 1946, inclusive, appellees paid ad valorem taxes from community funds in the amount of $ 11,546, and luxury and privilege taxes in addition thereto. The said taxes were apportioned and distributed in part to the Old-Age Assistance Fund and to the credit of the State Board of Social Security and Welfare to be used in extending assistance to qualified aged persons and to the needy blind.

Before instituting this action the board demanded that Judie Douglas repay to appellant the sum of $ 1,825 received by Mrs. Orpha Giles for old-age assistance. Upon her refusal this suit was brought. Judgment was rendered for defendants on the ground that the law was unconstitutional because of its being vague, indefinite and uncertain, from which plaintiff appeals.

Appellees raise on appeal other reasons for judgment in their behalf besides the one found in the judgment of the lower court.

We shall treat appellant's assignment of error first. The title and pertinent sections involved here are recited below. (Laws of Regular Session 1941, now Sec. 70-214a, A.C.A.1939, Supp., later repealed as hereinafter mentioned.)

"Chapter 32

(House Bill No. 31)

"An Act

"Relating to Old Age Assistance: Increasing the Amount of Assistance to be Paid and Amending Section 70-205, Arizona Code of 1939; Establishing Relatives' Responsibility, and Declaring an Emergency.

"Be it Enacted by the Legislature of the State of Arizona:

"Section 1. * * *

"Sec. 2. Relatives' Responsibility. If the person receiving aid has within the state a spouse or adult child filing a return under the state or federal income tax act, having a gross income of over three thousand dollars per annum, and pecuniarily able to support said person, the board of social security and welfare shall request the county attorney or other civil legal officer of the county wherein such aid is granted to proceed against the kindred in the order of their responsibility to support, i. e., first the spouse and second the adult child. Upon such demand the county attorney or other civil legal officer of the county wherein such aid is granted shall, on behalf of said county, maintain an action in the superior court of the county wherein such aid is granted, against said relatives, in the order named, to recover for said county such portion of the aid granted as said relative is able to pay, and to secure an order requiring the payment of any sums which may become due in the future for which the relative may be liable. Any sum so recovered shall be credited by the county, to the state and to the federal government in proportion to the contributions of each respectively, or in the manner prescribed by the state board of social security and welfare. The granting of or continued receipt of aid shall not be contingent upon such recovery."

It is to be noted that the title of the act itself states "Establishing Relatives' Responsibility" and when read with section 2 of the Act which creates the primary duty or liability and then provides the remedy through action by the county attorney, the intent of the legislature is readily ascertainable. We heretofore said: "In determining the extent and operation of the act we have to consider not only the law itself but its title." Valley National Bank of Phoenix v. Glover, 62 Ariz. 538, 159 P.2d 292, 296.

It is well settled in this jurisdiction that the court should make every effort to sustain and uphold statutes rather than to defeat them; and to give them operation and effect if the language will permit, rather than treat them as meaningless. It is also elementary that we should abide by legislative intent and determine that intent from necessary implication as to what was intended. What is necessarily implied in a statute is as much a part of it as what is expressed. Sutherland, Statutory Construction, Lewis' 2nd Ed., Vol. II, Sec. 586, p. 1077. Taken from Duhame v. State Tax Commission, 65 Ariz. 268, 179 P.2d 252, 171 A.L.R. 684; Coggins v. Ely, 23 Ariz. 155, 202 P. 391; Mahoney v. Maricopa County, 49 Ariz. 479, 68 P.2d 694.

From the foregoing statute and legal principles enunciated it can be plainly seen that this law provides both a right and a remedy in favor of appellant. Counsel for appellees cites Los Angeles County v. Hurlbut, 44 Cal.App.2d 88, 111 P.2d 963, 969; State v. Sharp, 21 Ariz. 424, 189 P. 631, as authority for the reverse of the above statement. These decisions as we interpret them do not support that conclusion.

Appellees contend that the law is further indefinite in that it does not prescribe which public officer has the right and power to satisfy the judgment lien of record.

While no express provision is made for the discharge of the lien in 70-214a, yet the discharge of same would be implied. Sutherland's Stat.Const., 3rd Ed. 1943, section 5402, pp. 19-20.

"* * * That which is clearly implied is as much a part of the law as that which is expressed. * * *"

Counsel for appellees ingeniously argues his point but cites no authorities to support his position. Furthermore, counsel assumes that the federal government has a lien that needs to be discharged. Such is not the case for the reason that the federal government is not a party. The county is the only plaintiff. The judgment therefore runs in its favor and upon payment therefor the county attorney is authorized to satisfy the judgment. Section 62-104, A.C.A.1939.

Appellees would have no trouble having their lien discharged upon payment of the judgment.

" It is elementary that an extinguishment of the debt, ipso facto discharges the lien to secure the same." 33 Am.Jur., Liens, sec. 27. See also Henson v. Henson, 151 Tenn. 137, 268 S.W. 378, 37 A.L.R. 1131.

Appellees contend that they are denied equal protection of the laws in violation of Art. 2, Sec. 13 of the Constitution of Arizona and Sec. 1 of Art. XIV of the Constitution of the United States (1) in that they having paid ad valorem and excise taxes for and during the years 1941 to 1945 in excess of $ 11,000 and part of said taxes were apportioned for maintenance of the social welfare program; (2) that the legislature has provided for financial assistance to the needy blind, but has provided no financial responsibilities for reimbursement to the county by the relatives of the blind; and (3) that the taxes they paid were used to support the needy blind and recipients of old age assistance and therefore it would be discrimination and double taxation to make them respond for the support of Mrs. Orpha Giles, the mother of Judie Douglas, one of the appellees herein.

That contention is without merit. Everyone who spends money pays taxes directly or indirectly. The number of needy blind receiving assistance is insignificant compared to the number receiving old age assistance. It therefore resolves itself into the question of a reasonable classification. This court cited with approval 16 C.J.S., Constitutional Law, § 489:

"* * * if the legislature has power to deal with the subject matter of the classification, and there is a reasonable ground for the classification and the law operates equally on all within the same class, it is valid, even though the act confers different rights or imposes different burdens on the several classes, or fails to provide for future contingencies, * * *." Valley National Bank of Phoenix v. Glover, 62 Ariz. 538, 159 P.2d 292.

Other authorities for the same proposition are:

"The right to classify persons and things is recognized as a general right possessed by the legislature." Humphrey v. City of Phoenix, 55 Ariz. 374, 102 P.2d 82, 86.

"Every presumption favors the legislative classification." Los Angeles ...