28 N.W.2d 652 | Minn. | 1947
Relator claims that L. 1913, c. 458, as amended by L. 1915, c. 168, Minn. St. 1941, §§
"When a vacancy occurs in the office of court commissioner, the judge of the district court of the county shall appoint some competent person to fill such vacancy, who shall give the bond and take the oath by law required, and shall hold his office until the next general election, and until his successor qualifies." *271
The 1913 act was by its title and terms one "to fix the terms of certain county officers." The offices of clerk of court and court commissioner were not included. The term of office of each of the enumerated officers was to be for four years after the election of 1914, "and said offices shall be filled by election every four years thereafter." Inconsistent acts were repealed. The 1915 act was by its title and context "An Act to amend Chapter 458 General Laws of Minnesota for 1913, entitled 'An Act to fix the terms of certain county officers.' " Section 1 provided that at the general election to be held that year all present county officers, including "clerk of the districtcourt" and "court commissioner," should be elected that year. The names of the offices italicized were added by the amendment. Section 2 provided that present officials were to hold their offices until 1919 and that their official terms of office "shall be four (4) years and until their successors are elected and qualified, and shall begin on the first Monday in January next succeeding said election, and said offices shall be filled by election every four (4) years thereafter." Section 3 gave to the county board power to fill vacancies, and "Any person now holding any one of the said offices, whether by election or appointment, shall continue in such office until the first Monday in January A.D. 1919, and any appointment made to fill a vacancy in any of the said offices shall be for the balance of such entire term. All appointments under theprovisions of this act, shall be made by the county board." (Italics in act.) By § 4, inconsistent acts were repealed. Minn. St. 1941, §
It will be noted that the latest enactment in 1945 contains not a word about appointment to fill the vacancy in the office of court commissioner. In fact, the court commissioner is not even mentioned, nor is the clerk of the district court. The only provision as to such appointment is §
1. As in Wenger v. Wenger,
2. "In re-enacting a statute, intention to change meaning may as clearly appear from the omission of old as by adding new language."
This seems particularly apropos here, since the 1913 law had for its purpose the increase of the length of term of certain named county officers from two to four years. As amended in 1915, the act was made applicable also to the clerk of the district court and the court commissioner. The power to appoint officers to these positions was given to the county board, but it will be observed that such "appointments *273 [were to be] under the provisions of this act," and no more. So the obvious purpose remained as it was, i. e., to fix terms of office at four years as to all named county offices in respect to elections to be later held. Both acts related to elections so as to make the four-year term applicable to all the offices listed in these acts.
Relator cites and relies upon State ex rel. Evens v. Borgen,
"It is too clear for argument that by the last clause of § 2 the only general elections at which votes can be lawfully cast for any of the county officers named in § 1 are those occurring at each four-year interval counting from the general election in November, 1914."
That was the reason for our holding (
"* * * There was no vacancy in the sheriff's office of St. Louis county to be filled at the November, 1932, general election, and at that election no votes for that office could be cast lawfully; hence defendants rightly refused to canvass the sticker votes wrongfully cast."
3. There can be no doubt that the question before us lies wholly in the legislative field. What the legislature has authority to enact it obviously has like authority to amend or even to repeal. The facts have been recited. M.S.A. 1945, §§
4. "The compilation and revision of the general statutes of the state of Minnesota of a general and permanent nature, prepared by the revisor of statutes under the provisions of Laws 1943, Chapter 545, and filed in the office of the secretary of state on December 28, 1944, is hereby adopted and enacted as the 'Minnesota Revised Statutes.' "
Thus, the change is one of legislative sanction and action. The statute thus "adopted, and enacted as the 'Minnesota Revised Statutes' " (italics supplied) must be given effect as "the latest expression of the legislative will."2
5. The change is a part of the legislative process. We may only apply the law as the legislature has enacted it, and we are only giving effect to the change as the language chosen and used by the legislature made the change. The language is clear and unambiguous, and, as such, there is no room for construction or interpretation. 2 Dunnell, Dig. Supp. § 1817, and cases there cited. Our latest case is that of Pierce v. Grand Army of the Republic,
We are of the opinion, and so hold, that respondent is the duly appointed court commissioner of Hennepin county.
Writ discharged.
MR. JUSTICE THOMAS GALLAGHER took no part in the consideration or decision of this case.