State v. Amick
Citation | 152 S.W. 591,247 Mo. 271 |
Parties | STATE ex inf. MAJOR, Atty. Gen., v. AMICK. |
Decision Date | 31 December 1912 |
Court | United States State Supreme Court of Missouri |
Act April 13, 1889 (Laws 1889, p. 73) by section 1 created another division of the circuit court, and provided that the Governor should appoint an additional circuit judge for division No. 2, to continue in office until January 1, 1891, and that at the general election in November, 1890, and at the general elections held every six years thereafter, such additional circuit judge should be elected. Section 3 provided that all laws not inconsistent should continue. Rev. St. 1909, § 3896, enacted pursuant to Const. art. 6, § 32, relating to the filling of vacancies in courts of record, provided that such vacancies should be filled by appointment by the Governor until the next general election after such vacancy occurred, to be then filled by election for the unexpired term. A judge for division No. 2, elected for a term to expire January 1, 1914, resigned January, 1911, and respondent was appointed to fill the vacancy, and at an election November, 1912, another candidate was elected, who was commissioned by the Governor. Held, that the statutes should be construed together; that, in the absence of a provision for vacancies in courts of record, it was intended that they should be filled as provided by section 3896; that the term of six years applied only to judges elected for a regular term of six years, and not to a judge elected or appointed to fill a vacancy; so that the appointee was not entitled to hold until the regular election in November, 1914.
2. STATUTES (§ 161)—IMPLIED REPEAL.
Repeals by implication are not favored, and, where two statutes cover in whole or in part the same matter, it is the duty of the court to harmonize them, if possible, and to give effect to both as if they constituted one act.
3. STATUTES (§ 181)—CONSTRUCTION—INTENT OF LEGISLATION.
Statutes should be so construed as to give paramount effect to their intent.
4. JUDGES (§ 7)—ACTS RELATING TO SAME SUBJECT—EXCEPTION TO GENERAL ACT.
Rev. St. 1909, § 5828, which provides that vacancies in any state or county elective office should be filled by the Governor, the appointee to continue in office until January 1st next following the first ensuing general election at which an officer shall be elected to fill the unexpired term or for the ensuing regular term to take office January 1st following, while sufficiently broad to cover vacancies in all courts of record, when read together with section 3896, enacted at the same time, which provides that vacancies in the office of judge of any court of record shall be filled by appointment until the next general election thereafter, when the office shall be filled by election for the unexpired term, harmonizes with section 3896, so that section becomes in effect an exception to the more general provisions of section 5828, and applies specifically to vacancies in the office of judge of courts of record, so that the term of a judge appointed in 1911 to fill the vacancy in a term expiring 1914 expired November 5, 1912, the day following the general election at which another judge was chosen.
En Banc. Quo warranto by the State, on the information of E. W. Major, Attorney General, against W. K. Amick, Judge, to show by what authority he held the office and performed the duties of Judge of Division No. 2 of the Circuit Court of Buchanan County. Writ of ouster ordered to issue.
This is an original proceeding by quo warranto, instituted in this court, by the Attorney General against the respondent, William K. Amick, judge, to show by what authority he holds the office and performs the duties of judge of division No. 2 of the circuit court of Buchanan county; the same being the Sixth circuit. The writ was duly issued, and respondent has entered his appearance, and, in order to secure a speedy determination of the case, has filed his return, and consents that the case may, by the court, be taken up and disposed of upon the briefs filed by the respective parties.
The facts of the case are undisputed, as appear from the petition for the writ, filed by Attorney General, and the return thereto made and filed by the respondent, which is substantially and briefly set forth in the statement of the case made by the relator, which is as follows:
Culver, Phillip & Spencer and Chas. H. Mayer, all of St. Joseph, for relator. W. K. Amick, of St. Joseph, for respondent.
WOODSON, J. (after stating the facts as above).
I. Respondent does not state his contentions, but leaves the court to infer what they are from reading certain statutes cited and the case of State ex rel. v. Dabbs, 182 Mo. 359, 81 S. W. 1148, referred to in connection therewith. Such a presentation of a case is extremely unsatisfactory to the writer, for the reason that he is always in doubt as to whether his ideas of the case meet with the views of counsel presenting the same. They may have one theory of the case, and the court may have another, and, when the latter expresses its view of the case, it may be wide of those entertained by counsel; and, were it not for the pressing necessity of a speedy determination of the case, we would feel inclined to seek more light upon that subject, but, under the conditions and circumstances surrounding the case and the parties thereto, we deem it advisable to proceed with the case in the light cast before us.
The statute cited and relied upon by respondent reads as follows: Laws of 1889, p. 74.
The respondent's view of that statute is...
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