State v. Gmelich

• Decision Date: 24 December 1907
• Citation: 106 S.W. 618,208 Mo. 152
• Parties: STATE ex rel. EATON et al. v. GMELICH, State Treasurer.
• Court: Missouri Supreme Court

106 S.W. 618

208 Mo. 152

STATE ex rel. EATON et al. v. GMELICH, State Treasurer.

Supreme Court of Missouri.

December 24, 1907.

1. STATUTES—CONSTRUCTION—RULE FOR.

The primary rule governing the interpretation of statutes is the one requiring the legislative intent and purpose to be ascertained.

2. HOSPITALS—STATE FUND—CREATION—STATUTES CONSTRUED.

Act April 15, 1905 (Sess. Acts 1905, p. 292 [Ann. St. 1906, p. 3717]), created a state sanatorium, and section 24 made laws governing other eleemosynary institutions applicable to it. Rev. St. 1899, § 7808 [Ann. St. 1906, p. 3710], requires moneys received by such institutions to be paid to the State Treasurer, and by him placed in respective funds created by such sections. Section 7809 provides that moneys in the state treasury to the credit of any such fund shall be appropriated for the support of the institution to which the fund belongs. Act April 15, 1907 (Laws 1907, p. 37) § 27a, appropriated out of the state treasury chargeable to the "Missouri state sanatorium fund" a specified sum, "the same being derived from the payment into the state treasury by the treasurer or other financial officer of said institution." Act March 19, 1907 (Laws 1907, p. 309) § 15, requires the superintendent of the sanatorium to furnish the State Treasurer sufficient data to enable him to collect from the various counties, etc., sums owing the institution for care, etc., of patients. Section 16 (page 310) gives indigent patients the preference over private patients. Held, that the Legislature intended that an institution's receipts be used to defray its running expenses, and not that they go to the state's general revenue fund, and that the "Missouri state sanatorium fund" was created by section 27a, though not in express terms.

3. SAME.

Moneys received by the State Treasurer under such section 15 (Laws 1907, p. 309) from the different counties are moneys "derived from the payment into the state treasury by the treasurer or other financial officer of said institution" within such section 27a (Laws 1907, p. 37), since by section 15 the State Treasurer has been made a financial officer of the institution, and as such falls within the term "other financial officer."

In Banc. Petition by the state, on the relation of J. L. Eaton and others, for mandamus to J. F. Gmelich, State Treasurer. Writ awarded.

James F. Ball, for relators. The Attorney General and N. T. Gentry, for respondent.

GRAVES, J.

This is an original proceeding in this court, wherein the relators, who constitute the board of managers of the Missouri state sanatorium, seek, by writ of mandamus, to compel respondent, who is State Treasurer, to open an account in the books of his office with the said Missouri state sanatorium in the name of the "Missouri State Sanatorium Fund," and to place to the credit of said fund the sum of $17.89, which said respondent has collected from the city of St. Louis as pay for keeping and maintaining indigent patients from said city in the sanatorium, and to further place to the credit of such fund any and all other moneys collected from the like or any other source for such sanatorium, and to pay out such funds for the maintenance of said sanatorium upon orders issued by the proper officers of said sanatorium. Relators aver that by virtue of section 27a of the act of the General Assembly approved April 15, 1907 (Laws 1907, p. 37), and section 15 of an act of the General Assembly, approved March 19, 1907 (Laws 1907, p. 309), and section 7808, Rev. St. 1899 [Ann. St. 1906, p. 3710], it became and was the duty of respondent to open up an account as aforesaid, and to collect and credit the moneys as aforesaid, and to pay the same out in the manner and for the purpose as aforesaid. These several statutes are as follows:

"Sec. 27a. There is hereby appropriated out of the state treasury, chargeable to the Missouri state sanatorium fund, the sum of seventy-five thousand dollars ($75,000.00), the same being derived from the payment into the state treasury, by the treasurer or other financial officer of said institution, in pursuance of the laws of this state, or so much thereof as may be necessary."

"Sec. 15. Support of Free Patients.—At least once in each month the superintendent of the sanatorium shall furnish the State Treasurer a list of all free patients in the sanatorium, together with sufficient facts to enable the State Treasurer to collect from the various counties or cities such sums as may be owing to the institution for the examination, care, clothing, and treatment of the patients who have been received by the institution and who are shown by the statement of the proper county or city officials, as hereinbefore provided, to be unable to pay for their care and treatment. State Treasurer shall thereupon collect from the various counties or city the sum due for the care and treatment of each such patient at a rate not exceeding five dollars a week for each patient."

"Sec. 7808. Certain Funds Created.—That there is hereby established and created in the state treasury of this state the following named funds: `State Hospital for Insane No. 1,' `State Hospital for Insane No. 2,' `State Hospital for Insane No. 3,' `School for Blind,' `School for Deaf,' `Reform School for Boys,' `Industrial Home for Girls,' `Earnings of Missouri Penitentiary,' `University,' `State Normal School, First District,' `State Normal School, Second District,' `State Normal School, Third District,' and `Lincoln Institute.' Whenever any moneys are paid into the state treasury under the provisions of this article, they shall be receipted by the State Treasurer into and placed to the credit of the fund to which they respectively belong, so that money derived from each institution may be placed to the credit of the fund herein provided for that institution."

Respondent, by his return, says: "Now, on this day, comes the respondent, and, for return to the alternative writ herein, says that he admits that the relators are now and were at the time stated in the alternative writ duly appointed, qualified, and acting board of managers of the Missouri state sanatorium, which institution was established and located at Mount Vernon, Lawrence county, Mo., according to law. He admits that he is now and was at the times mentioned in said writ the duly qualified and acting Treasurer of the state of Missouri. He admits that the General Assembly of Missouri, by an act passed and approved April 15, 1907, made provision for said institution, as stated in section 27a of said act. He admits that section 15 of said act provides for the support of free patients, and that said section of said act is correctly copied in said alternative writ. He further admits that he has collected from certain counties and cities now maintaining indigent patients in said institution, to wit, in the city of St. Louis, the sum of $17.89, and that he will in the course of his official duty, from time to time, probably collect other amounts due said institution, and he admits that the board of managers of said institution have requested him to open an account in the books of his office in the name of the `Missouri State Sanatorium Fund,' and to place said amount now collected, to wit, $17.89, and all other amounts coming to his said office from the same source, to the credit of the `Missouri state sanatorium fund.' He finally admits that he has refused to place said sum, and any other sums collected from a like source, to the credit of the `Missouri state sanatorium fund,' and that he has refused to open on the books of said office an account to said fund until directed to do so by this honorable court. And,...