174 Wis. 76 | Wis. | 1921
Plaintiff was inducted into the military service of the United States on the 15th day of July, 1918, at Gaylord, Michigan, where he resided with his parents prior to the month of April, 1916. He was unmarried. His business was that of a locomotive fireman, and during the month of April, 1916, he went to Superior seeking employment. He found employment, took up his residence at Superior, has continued to reside there ever since, and has exercised all the rights of citizenship, having voted at the municipal election in that city in the spring of 1918. He registered under the United States selective service act June 5, 1917, at Gaylord, Michigan. He did this pursuant to a letter which he received from the registration board at that place. He supposed that was the proper place for him to register. He claims he is entitled to the so-called bonus provided by ch. 667, Laws 1919. The benefits provided by the act are made payable to each “soldier, sailor, marine, and nurse, including Red Cross nurses, who served in the armed forces of the United States during the war against Germany and Austria, and who at the time of his or her induction into the service was a resident of Wisconsin.” The defendants, constituting the Service Recognition Board
Did the legislature have in mind a distinction between a military and an ordinary actual residence? If so, was it intended that applicants for the benefits of the act should respond to the test of a military rather than an actual residence? Obviously, this distinction could not have been in mind so far as nurses are concerned, for it will not be contended that they had a military residence. As to them, the law evidently means just what it says. Every nurse who had an actual residence in the state when inducted into service, every Red Cross nurse who had an actual residence in the state when she became a part of the Red Cross organization, became entitled to the benefits of the act. As to that we apprehend there is no dispute. Now if a different test is to be applied to soldiers, sailors, and marines, should it not be so declared, or at least intimated, in and by the terms of the act? There is not a single word in the act to suggest that such a distinction was in the legislative mind. The residence of the soldier, the sailor, and the marine is to be tested in exactly the same way that the residence of the nurse is tested. If the legislature did have such a distinction in mind, is it too much to assume that it would have been pretty clearly indicated in the act itself ? If it intended one kind of residence for a nurse and another for a soldier; would it have trusted to a different construction of identical language to reveal such intent? We are not disposed to impute to the legislature such hazardous and uncertain manner of expression. If in drafting this act the legislature intended the residence of the soldier to be fixed as of the time and by the act of registration, it very effectually obscured
We feel that we have said much to demonstrate the obvious. The sole question is whether the residence of the applicant is to be'determined as of the date of registration or induction into service. The act plainly says the latter. In view of the fact that the date of registration could have been as easily declared, if such had been the legislative intent, we see no reason or excuse for ascribing to the language other than its usual and ordinary meaning. The peremptory writ of mandamus was properly granted.
By the Court. — Judgment affirmed.