5 Utah 443 | Utah | 1888
At the general election held in August, 1884, one Robert P. Harris was elected to the office of county treasurer of Weber county, under a statute which established the office, and provided that the term of office of the county treasurers should be four years and until their successors should be elected and qualified. Subsequently, on the 11th day of March, 1886, nearly two years after Harris’ election, the
We learn from tbe appellant’s brief that be claims tbe judgment of tbe lower court to have been erroneous, for tbe reason that tbe enactment of tbe 11th of March, 1886, operated at once as a vacation of tbe-office then held by Harris, saving to tbe occupant tbe right to bold tbe office until bis successor should be elected and qualified. Tbe language of tbe brief is “that tbe effect of tbe amendment of March 11th, 1886, striking out tbe wordij'four,’ was to repeal the terms of office of all county treasurers then in office, so far as any term of years then unexpired might be, and simply to leave them to continue in office, or bold over until their successors should be elected and qualified.” And tbe defendant further contends that, upon this theory, tbe fixed term of Harris expired at the
The statute, with the interpretation sought to be placed upon it by the defendant, would be clearly retroactive. No court will hold a statute to be retroactive when the legislature has not said so, and there is no reason why it should be so, and where the statute is easily susceptible of another and reasonable construction. The general rule, as found in the books, is even stronger than we have stated. It is laid down in Broom’s Legal Maxims that “laws .should be construed as prospective, and not retrospective, unless they are expressly made applicable to past transactions, and to such as are still pending.” Broom, Leg. Max., 34. And Cooley states the doctrine very definitely, as follows: “And it is a sound rule of construction that a statute should have a prospective operation only, unless its terms show dearly a legislative intention that it should operate retrospectively.” Cooley, Const. Lim., 456. See, also, Potter’s Dwar. St., 164; Ely v. Holton, 15 N. Y., 595; State v. Newark, 40 N. J. Law, 558; People v. Haskell, 5 Cal., 357; State v. Ferguson, 62 Mo., 77; Kelsey v. Kendall, 48 Vt., 24; Smith v. Auditor General, 20 Mich., 398; Peters v. Massey, 33 Grat., 368;
It being clear, therefore, that the legislative intent that the amendment should be retrospective, does not appear, it is settled by an overwhelming weight of authority that the enactment of the 11th of March, 1886, had no retrospective or retroactive effect, hut its operation is entirely prospective. The well-nigh two years that Harris had held the office of county treasurer could not; therefore, be counted as part of the two years’ term of office provided for in the amendment. The two years contemplated in the enactment were some two years to begin at a time subsequent to its passage. The amendment found Harris in office. It did not vacate his office, nor abolish it. The amendment, if made applicable to him at all, simply told him that thereafter he could hold the office for two years. The word “thereafter” would, of course, mean after the amendment should go into effect, which would occur when there had been a publication of the enactment. Comp. Laws, p. 78, sec. 2. He would therefore be entitled to hold the office under the amendment, if it could apply to him, for the period of two years after publication of the amendment; and the time of such publication does not appear, nor is it material, as no doubt the publication took place shortly after its passage, and prior to the general election in August, 1886. But as we have seen if the amendment be at all applicable to Harris, he was under it authorized to hold the office two years following the enactment; and, consequently, the election of the defendants to the office at the general election in August, 1886, and before such two years had expired, was unauthorized by law. But the statute was in no way applicable to Harris. He held his office under a statute which had not been repealed nor had it in any manner been modified, except that the term of office after its passage was to be two instead of four years, as theretofore. No reference was made to the cases of persons then' in office. The statute was wholly prospective, and related to terms of office in the future.
We find no errror in the action of the court below, and the judgment is therefore affirmed.