State ex rel. State Public Welfare Commission v. Malheur County Court
| Decision Date | 04 March 1949 |
| Citation | 203 P.2d 307,185 Or. 392 |
| Parties | STATE EX REL., STATE PUBLIC WELFARE COMMISSION <I>v.</I> COUNTY COURT OF MALHEUR COUNTY |
| Court | Oregon Supreme Court |
1. The state had legal capacity on relation of State Welfare Commission to maintain mandamus proceeding to compel county court to budget and set aside money for contribution to state welfare program for fiscal year and to draw warrants for the money in compliance with statute. Laws 1947, c. 545.
Statutes — State statute construed in relation to federal statute
2. The statute amending and repealing portions of state welfare code, was passed in contemplation of fact that federal funds were available under federal statute for state aid, and the intention of the legislature was to render the state eligible to receive the aid, and state statute should be construed in relation to the federal statute. Laws 1947, c. 545; Social Security Act, §§ 1-6, 401 et seq., 1001 et seq., as amended, 42 U.S.C.A. §§ 301-306, 601 et seq., 1201 et seq.
Counties — Quasi corporation — Subject to legislative will
3. A "county" is not an independent governmental entity, and is not even a corporation in the same sense the municipalities are corporations, but is a quasi corporation created by legislative fiat for governmental purposes and is subject to the legislative will in all matters not prohibited by some constitutional restriction.
See Words and Phrases, Permanent Edition, for other judicial constructions and definitions of "County".
Counties — Power to subject counties to legislative will — Levy tax
4. The power to subject counties to the legislative will includes the power to require counties to levy a tax for specific purposes and to control the amount of the levy.
Counties — Legislature — Levy tax — Public assistance
5. Legislature could require counties to levy a tax to pay the share of county for expenditures for public assistance, and could dictate the amount, without usurping any powers of county as a local governmental unit. Laws 1947, c. 545.
Paupers — Taxation — County tax — Taxation varies as to various counties
6. The tax counties are required to levy under statute to pay the share of county for expenditures for public assistance, is a county tax and not a state tax, so that statute is not unconstitutional as violating requirement that taxation be uniform within the territorial limits of the authority levying the tax, although because of the difference in the number of people in various counties needing assistance, the taxation varies as to the various counties. Laws 1947, c. 545; Const. art. 4, § 1.
Taxation — Tax equal and uniform throughout taxing district
7. If a tax is equal and uniform throughout the taxing district, constitutional mandate that taxation should be uniform throughout the territorial limits of the authority levying the tax is not violated. Const. art. 4, § 1.
Taxation — Legislative power — Delegate to administrative body — County court
8. The power to tax is a legislative power which cannot be delegated to an administrative body, but a county court is a governmental body to which both the power and the duty to tax may be delegated.
Paupers — Common law obligation on state
9. There is no obligation at common law, either upon the state or upon its political subdivisions to furnish relief to the poor.
Taxation — County courts — Governmental bodies
10. The county courts are governmental bodies to which state could delegate duty to levy taxes to pay the share of county for expenditures for public assistance without violating constitutional prohibition against delegating the power to tax to an administrative body. Laws 1947, c. 545.
Statutes — Special law — Local law
11. The constitutional prohibition against the levying by the legislature of a "special" or "local law" for the assessment and collection of taxes for state, county, township or road purposes, uses the quoted words in contradistinction to the word "general", and if a law is a general law, it is not "special", or "local" within constitutional prohibition. Const. art. 4, § 23, subd. 10.
See Words and Phrases, Permanent Edition, for other judicial constructions and definitions of "Local Law" and "Special Law".
Statutes — Local law — Special law — Application
12. A "local law" within constitutional prohibition against the levying by the legislature of "special" or "local laws," must apply to and operate exclusively upon a portion of the territory of the state and the people living therein, and upon no other persons and property, and a "special law" is one that is only applicable to particular individuals or things. Const. art. 4, § 23, subd. 10.
Statutes — Counties — Levy tax — Not special or local law
13. Statute requiring counties to levy a tax to pay share of county for expenditures for public assistance is not unconstitutional as being "special" or "local law". Laws 1947, c. 545; Const. art. 4, § 23, subd. 10.
United States — Federal statute — Benefits — State plan — Public assistance
14. The federal statute, to take advantage of the benefits of which the state welfare code was enacted, implies that a state plan for public assistance to qualify for federal aid must provide for direct control by state authority, which must either administer the plan itself or authoritatively supervise a plan which shall be in effect in all counties if administered by the counties. Laws 1947, c. 545; Social Security Act, §§ 1-6, 401 et seq., 1001 et seq., as amended, 42 U.S.C.A. §§ 301-306, 601 et seq., 1201 et seq.
Taxation — State — General act — County tax
15. The state may by general act, require all counties to levy a county tax, and the facts on which the legislative mandate operates in each county may be found by an administrative body if sufficient standards are provided to channelize the activity of the administrative body.
Constitutional law — Paupers — County tax — Public assistance — Sufficient standards
16. Statute requiring counties to levy a tax to pay share of county for expenditures for public assistance, establishes sufficient standards within which State Public Welfare Commission must act in carrying out its statutory duty to establish state wide uniform standards for all public assistance programs and to direct uniform observance throughout the state, and act is not unconstitutional as delegating legislative power to commission. Laws 1947, c. 545; Const. art. 3, § 1.
Paupers — Statute — County tax — Liberally construed
17. Statute requiring counties to levy a tax to pay share of county for expenditures for public assistance, and requiring State Public Welfare Commission to establish state wide uniform standards for all public assistance programs and to direct uniform observance throughout the state, should be liberally construed in the light of its purpose. Laws 1947, c. 545.
Mandamus — Paupers — Statute — County tax — Public assistance — Duty on county court
18. The statute requiring counties to levy a tax to pay share of county for expenditures for public assistance, merely imposes a duty upon county court in case of underpayment, and affords no remedy for failure to perform duty which would preclude maintenance of mandamus proceeding by Commission to compel county court to set aside the necessary amount of money for contribution to state welfare for a fiscal year. Laws 1947, c. 545; O.C.L.A. § 11-302. Constitutional law — Paupers — "Pursuant to" means acting in consequence" and not "in obedience" to legislative mandate of federal act.
19. Under statute requiring counties to levy a tax to pay share of county for expenditures for public assistance, and requiring state public welfare commission to certify to county court the amount to be included in budget of county for ensuing fiscal year for public assistance, after investigation and upon basis of statewide standards of assistance, published "pursuant to" the federal Social Security Act, words "pursuant to" mean "acting in consequence" and do not mean "in obedience to the legislative mandate of federal act", and statute is not unconstitutional as delegating to federal body of the power to change state law. Laws 1947, c. 545; Social Security Act, §§ 1-6, 401 et seq., 1001 et seq., as amended, 42 U.S.C.A. §§ 301-306, 601 et seq., 1201 et seq.; Const. art. 3, § 1.
See 55 C.J.S., Mandamus, § 146
Original proceeding in mandamus.
Rex Kimmell, Deputy Attorney General, argued the cause for petitioner. With him on the brief was George Neuner, Attorney General, both of Salem.
Charles W. Swan, District Attorney for Malheur County, and Robert D. Lytle, both of Vale, argued the cause and filed a brief for defendant.
Before LUSK, Chief Justice, and BRAND, BELT, ROSSMAN, KELLY, and BAILEY, Justices.
Original proceeding in mandamus by the State of Oregon upon the relation of the State Public Welfare Commission to compel the county court of Malheur County "to budget and set aside for contribution by Malheur County to the State Welfare Program for the fiscal year beginning July 1, 1948 and ending June 30, 1949" certain sums of money and to draw warrants in favor of the State Public Welfare Commission for the same to comply with the provisions of Oregon Laws 1947, ch. 545.
PEREMPTORY WRIT ORDERED.
A petition for an alternative writ of mandamus was originally filed by the State Public Welfare Commission, but by order of this court the petition was so amended as to make the State of Oregon the petitioning party. It sues upon the relation of the Commission. An alternative writ issued upon the amended petition. We quote:
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