Moran v. Bens

Decision Date06 November 1956
Citation127 A.2d 42,144 Conn. 27
CourtConnecticut Supreme Court
PartiesJohn T. MORAN et al. v. Fred W. BENS et al. Supreme Court of Errors of Connecticut

Benjamin M. Chapnick, New Haven, for appellants (plaintiffs).

Richard T. Mokrzynski, New Haven, for appellees (defendants).

Before INGLIS, C. J., and BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ.

BALDWIN, Associate Justice.

The plaintiffs, taxpayers in the town of Cheshire, sought a judgment in the Superior Court declaring 'An Act Establishing a Police Department in the Town of Cheshire', 27 Spec.Laws, p. 52, unconstitutional and void and that all action taken pursuant to it was illegal. They asked for an injunction to restrain the police commissioners and the police officers appointed by the commissioners from doing anything further and to restrain the selectmen and the town treasurer from paying out any town funds in consequence of this legislation. The court rendered a judgment which in effect sustained the legality of the legislation and the proceedings taken by reason of it, and the plaintiffs have appealed.

The facts are not in dispute. In May, 1954, the town of Cheshire, presuming to act under General Statutes, §§ 656-661, in a special town meeting raised a police commission, and the selectmen appointed the members of it pending the next town election. The commission appointed police officers. In an action in the nature of quo warranto, the Superior Court pointed out that §§ 656-658 had been repealed in 1953, Cum.Sup.1953, §§ 207c-209c, 526c; Cum.Sup. 1955, §§ 260d-262d, 682d, and on February 17, 1955, ordered a judgment entered which rendered ineffectual the action of the town meeting and everything done in consequence thereof. State ex rel. Moran v. Washburn, 19 Conn.Sup. 316, 112 A.2d 897. Despite this judgment, the board of finance held a duly advertised public hearing on February 28, 1955, on the proposed town budget, which included an appropriation for a police department. The budget approved by the board, including a proposed appropriation for the remainder of the fiscal year ending August 31, 1955, and for the fiscal year beginning September 1, 1955, was approved by the annual adjourned town meeting on March 14, 1955. At a special town meeting immediately following the adjourned annual meeting, resolutions were adopted upon the recommendation of the board to transfer appropriations for the police department in the 1954 budget to a new account and to approve all expenditures made theretofore for police protection. The General Assembly at its 1955 session enacted special legislation pertaining to a police department in Cheshire and validated the action taken by the board of selectmen on June 5, 1954, in appointing a board of police commissioners to hold office until the town election on the first Monday of October, 1955. This legislation was approved on April 5, 1955. 27 Spec.Laws, p. 52. The Republican party conducted a caucus on September 8, 1955, for the purpose of nominating candidates, among others, for the offices of police commissioners, to be voted on at the subsequent town election as the special legislation directed. A motion was adopted that in the event of a contest for nominations for any office the vote be taken by paper ballot, but no check list was used in the subsequent balloting. At the town election on the first Monday of October, 1955, three Republicans and two Democratic nominees were elected to the board of police commissioners. Meantime, following February 17, 1955, the chief of police appointed by the board of police commissioners and the officers under him acted as the police officers of the town, and the selectmen and town treasurer expended town funds to maintain this police department.

We shall consider first the plaintiffs' claim that § 207c of the 1953 Cumulative Supplement, now § 260d, relating to the establishment of police departments in the several towns, prevails over the special act, 27 Spec.Laws, p. 52, authorizing the establishment of a police department in Cheshire. Towns are creatures of the General Assembly. Sanger v. City of Bridgeport, 124 Conn. 183, 188, 198 A. 746, 116 A.L.R. 1031, and cases cited. The legislature may adopt general legislation dealing with a particular matter and later confer upon a town power to act in a special and different way. Southern New England Ice Co. v. Town of West Hartford, 114 Conn. 496, 509, 159 A. 470; State ex rel. Wallen v. Hatch, 82 Conn. 122, 124, 72 A. 575. The general statute relating to the creation of local police departments, § 207c, became effective on May 14, 1953. The special legislation relating to Cheshire which is here challenged was enacted by the General Assembly in 1955, was approved April 5, 1955, and became effective on that date. General Statutes, § 8891. When expressions of the legislative will are irreconcilable, the latest prevails. Bisi v. American Automobile Ins. Co., 137 Conn. 424, 431, 78 A.2d 533, 23 A.L.R.2d 787; Tuohey v. Martinjak, 119 Conn. 500, 507, 177 A. 721. In enacting this special legislation, the General Assembly did no more than to empower the town, within its own territorial limits, to provide police protection in a special manner, and to make legal what had...

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    ...Hollman v. Warren , 32 Cal.2d 351, 196 P.2d 562, 566-68 (1948) ; People v. Canister , 110 P.3d 380, 383 (Colo. 2005) ; Moran v. Bens , 144 Conn. 27, 127 A.2d 42, 44 (1956) ; Clendaniel v. Conrad , 26 Del. 549, 579, 83 A. 1036 (1912) ; State ex rel. Levine v. Bailey , 124 Fla. 241, 168 So. 1......
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