State ex rel. Macey v. Johnson, 5700

• Court: United States State Supreme Court of Idaho
• Writing for the Court: GIVENS, J.
• Citation: 50 Idaho 363,296 P. 588
• Parties: STATE ex rel. C. K. MACEY, Commissioner of Public Welfare, Appellant, v. ITHA G. JOHNSON, Guardian of the Person and Estate of MYRTLE O. WOODFIN, an Incompetent Person, Respondent
• Docket Number: 5700
• Decision Date: 20 February 1931

296 P. 588

50 Idaho 363

STATE ex rel. C. K. MACEY, Commissioner of Public Welfare, Appellant,
v.
ITHA G. JOHNSON, Guardian of the Person and Estate of MYRTLE O. WOODFIN, an Incompetent Person, Respondent

No. 5700

Supreme Court of Idaho

February 20, 1931

CONSTITUTIONAL LAW - STATUTORY CONSTRUCTION - INSANE PERSON, SUPPORT OF.

1. Unless legislature is expressly prohibited by Constitution, legislature has plenary power.

2. In determining constitutionality of statute, that legislature has in effect construed Constitution as not adversely affecting statute is entitled to consideration.

3. Policy of Constitution must prevail over legislative policy.

4. Incompatibility between Constitution and statute must be clear and strong before statute should be declared unconstitutional.

5. Statute authorizing public welfare commissioner to collect expenses for care of inmate in insane institution if inmate has sufficient funds held authorized under Constitution (C. S., sec. 1190, as amended by Laws 1921, chap. 186, sec. 3; Const., art. 10, sec. 1; Rev. Stats. 1887, secs. 750-782).

6. Delegation of duty to medical superintendent of insane institution of fixing amount public welfare commissioner could collect from inmate as expenses for care of inmate held not delegation of legislative authority (C. S., sec. 1190, as amended by Laws 1921, chap. 186, sec. 3).

7. Statute authorizing public welfare commissioner to collect expenses for care of inmate of insane institution held not to deprive inmate of property without due process of law, since action in court was expressly provided for (C. S., sec. 1190, as amended by Laws 1921, chap. 186, sec. 3; Const., art. 1, sec. 13). [50 Idaho 364]

APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Gillies D. Hodge, Judge.

Action brought under provisions of C. S., sec. 1190, as amended by 1921 Session Laws, chapter 186. Judgment for defendant. Reversed and remanded, with instructions.

Reversed and remanded, with instructions.

Fred J. Babcock, Attorney General, and Z. Reed Millar, Assistant Attorney General, for Appellant.

The Constitution and laws of this state provide for the imposing of liability upon the estates of insane persons for their support in state institutions and sanitariums. (C. S., sec. 1190, as amended by 1921 Sess. Laws, chap. 186, sec. 3; Const., art. 10, sec. 1.)

The great weight of authority is to the effect that statutes imposing liabilities upon the estates of relatives of insane persons for their support in state hospitals and institutions, are a legitimate exercise of legislative power. The validity of such statutes has been assailed upon various constitutional grounds, but they are almost universally upheld against objections to them as double taxation, special or class legislation, denial of due process, etc. (48 A. L. R. 733; Estate of Yturburru, 134 Cal. 567, 66 P. 729; Napa State Hospital v. Dasso, 153 Cal. 698, 15 Ann. Cas. 910, 96 P. 355, 18 L. R. A., N. S., 643; State Commission in Lunacy v. Eldridge, 7 Cal.App. 298, 94 P. 597; State v. Romme, 93 Conn. 571, 107 A. 519; Guthrie County v. Conrad, 133 Iowa 171, 110 N.W. 454; State v. Bateman, 110 Kan. 546, 204 P. 682.)

A. H. Oversmith, for Respondent.

C. S., sec. 1190, as amended by 1921 Sess. Laws, chap. 186, sec. 3, is an unconstitutional statute under the provisions of Const., art. 10, sec. 1, which, as to insane asylums, reads as follows: "Institutions . . . . for the benefit of the insane shall be established and supported by the state in such manner as may be prescribed by law." (Const., art. 10, sec. 1; Board of Commrs. v. State, 122 Okla. 268, 254 P. 710; St. Louis S. F. R. Co. v. Morris, 143 Okla. 160, 288 P. 306.)

The delegation by the legislature in 1921 Sess. Laws, chap. 186, of authority to the medical superintendent to fix the rate of compensation to be paid out of the estate of an insane patient without the legislature having prescribed a rule of action or without making any provision for a hearing under which such authority could be exercised, is unconstitutional and void in that the exercise of such uncontrolled power deprives a person of his property without due process of law under the Fourteenth Amendment of the Constitution of the United States and under that portion of section 13, of Article 1 of the Constitution of the state of Idaho, which provides that no person shall be deprived of his property without due process of law. (Ploner v. Standard Oil Co., 284 F. 34; State v. Superior Court, 113 Wash. 296, 193 P. 845, 12 A. L. R. 1428, and note following case on page 1435; State v. Crawford, 104 Kan. 141, 177 P. 360, 2 A. L. R. 880, and note on page 882; Anderson v. Manchester Fire Assur. Co., 59 Minn. 182, 50 Am. St. 400, 60 N.W. 1095, 63 N.W. 241, 28 L. R. A. 609; O'Neil v. American etc. Ins. Co., 166 Pa. 72, 45 Am. St. 650, 30 A. 943, 26 L. R. A. 715; Hewitt v. Board of Medical Examiners, 148 Cal. 590, 113 Am. St. 315, 7 Ann. Cas. 750, 84 P. 39, 3 L. R. A., N. S., 741; City of Elkhart v. Murray, 165 Ind. 304, 112 Am. St. 228, 6 Ann. Cas. 748, 75 N.E. 593, 1 L. R. A., N. S., 940.)

GIVENS, J. Lee, C. J., and Varian and McNaughton, JJ., concur.

OPINION

[50 Idaho 365] GIVENS, J.

Respondent, guardian of a patient confined in a state insane asylum, sued by appellant under C S., sec. 1190, amended 1921 Sess. Laws, p. 388, successfully demurred, in the trial court, to such action on the ground that said statute is in conflict with this portion of sec. 1, art. 10, of the Constitution: "Institutions . . . . for the benefit of the insane . . . . shall be established and supported by the state in such a manner as may be prescribed by law," and sec. 13, art. 1, contending "established and supported by the [50 Idaho 366] state" excludes enforced contribution from the inmate, his estate or relatives, and that the fixing by the medical superintendent of the sum to be paid is an unwarranted delegation of legislative authority and does not afford due process.

Section 1190 as amended reads thus:

"The court must inquire into the ability of the feeble minded or insane person committed by it to a sanitarium or insane asylum, to...