134 Wis. 618 | Wis. | 1908
The case, primarily, turns on whether a farm building commonly called a tobacco shed is a building for trade or manufacture within the meaning of sec. 1263, Stats. (Supp. 1906; Laws of 1899, ch. 140), which provides that:
“No public highway shall be laid out through or upon any orchard or garden or any building or fixture used for the purpose of trade or manufacture, when the damage caused thereby to such orchard, garden, building or fixture, exclusive of the damage to the land, shall exceed seventy-five dollars; ... or through or upon any other building or fixture where the value" of said building or fixture exceeds seventy-five dollars; or through or upon the yard or inclosure necessary to the use or enjoyment thereof, without the consent of the owner. . . .”
If it shall be determined that the structure in question, within the meaning of the quoted language, was not a building used for trade or manufacture, then the judgment complained of must be reversed and it will not be necessary to consider any other question discussed by counsel.
The rule for construction, if construction be necessary in this case, is elementary and is a part of the written law as well. The common, ordinary, or approved meaning of words in a legislative enactment is to be regarded as the one intended by the law-givers, unless such meaning is inconsistent with the manifest legislative purpose, “but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.” Sec. 4911, Stats. (1898).
The words “trade or manufacture” are not technical
blow it does not seem best, in treating such a simple proposition as the one before us, to discuss it at any great length and endeavor to determine with strict accuracy just what the ordinary meanings of the words in question include. It is sufficient for this case that in the opinion of the court they do not apply to a farm building used to house and cure or make ready for market any agricultural product. The farmer must have his granary in which his crop of grain may be stored, cleaned, and graded so as to be suitable for market. He may also have his storehouse for potatoes, where they are sometimes separated into grades to improve their marketable qualities. He may have his milkhouse where cream is separated from the milk for delivery of the former to a manufacturing establishment. He may also have his stock bams where cattle and other domestic animals are cared for when necessary or proper in order to grow and prepare them for market. Ho one, we apprehend, would think of calling such a structure one for trade or manufacture. A tobacco shed, where tobacco is cured and made marketable as a farm product, is in the same class. The tobacco is not
A place of trade is a place devoted to the business of buying and selling or of plying some mechanical vocation. Queen Ins. Co. v. State, 86 Tex. 250, 263, 24 S. W. 397; U. S. v. Patterson, 55 Fed. 605, 639.
A place of manufacture is, generally speaking, one where articles of trade are created out of raw material in its simple or some improved form. Evening Journal Asso. v. State Board, 47 N. J. Law, 36. In that case there is quite a full discussion of the scope of the term under consideration. The court said:
“The cardinal rule in the construction of legislative acts is that words in common use are to be taken in their ordinary signification.”
And further said, referring with approval to the decision in Parker v. Great W. R. Co. 6 E. & B. 77:
“The term ‘manufactured articles’ must be understood in its popular sense; that it [does] not mean all articles produced from the raw state by manual skill and labor, but those articles only which are made in what are, in popular language, called manufactories. To call a farmer who cultivates his land and reaps and markets his crop a manufacturer — as he is in the scientific signification of the term— would do violence to language in the construction of a statute. . . .”
That is equivalent to saying this: to speak of a farm building devoted to the use of storing some farm products and putting the same in proper form for market, as a building for the purpose of manufacture, would violate the common understanding of mankind. That seems to be sound doctrine. It meets with our approval.
By the Court. — The judgment is reversed, and the cause remanded with instructions to enter judgment according to the prayer of the complaint.