134 Minn. 131 | Minn. | 1916
Andrew Anderson was killed while in the employ of Thornton Brothers Company. Thornton Brothers Company was insured in the relator, Maryland Casualty Company. Anderson left a widotved daughter, 30 years old, who, with her child of six years, lived with him. She regularly derived part of her support from his wages. She made claim under the compensation act and the court allowed it. Eelator sued out this writ of certiorari to review the ruling. The question in the case is whether a daughter of 30, not physicially or mentally incapacitated, and yet actually deriving support from her father, is entitled to the benefit of the compensation act.
(1) That a “wife, minor children under the age of eighteen years, or those over that age who are physicially or mentally incapacitated from earning, shall be presumed to be wholly dependent.”
(2) That the foregoing and also “husband, mother, father, grandmother, grandfather, sisters and brothers who were wholly supported by the deceased workman * * * shall be considered his actual dependents.”
(3) “Any dependents named in subdivision 2, who regularly derived part of their support from the wages of the deceased * * * shall be considered his partial dependents.”
It will be seen that under this act while a brother of any age might be a total dependent, a daughter over 18 and not physically or mentally incapacitated from earning” could under no circumstance be either a total or partial dependent. Consistent with these provisions it was provided in subdivision (18) that: “In computing and paying compensation [in case of death] to orphans or other children, in all cases, only those under eighteen years of age, or those over eighteen years of age who are physically or mentally incapacitated from earning, shall be
The act of 1915 amended section 14 of the original act “to read as follows:”
The amended subdivision 1 provides that the widow, unless voluntarily living apart from her husband, and minor children under 16, are conclusively presumed to be wholly dependent.
Subdivision 3 provides that “children between sixteen and eighteen years of age, or those over eighteen, if physically or mentally incapacitated from earning, shall, prima, facie, be considered dependent.”
Subdivision 3- provides that “wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law and father-in-law who were wholly supported by the deceased workman * * * shall be considered his actual dependents.”
Subdivision 3a provides that “any member of a class named in subdivision (3), who regularly derived part of his support from the wages of deceased workman * * * shall be considered his partial dependent) and payment of compensation shall be made to such dependents in the order named.”
These amendatory sections in explicit terms bring within the scope of the act a “child,” if wholly or in part supported by deceased, without the former limitation as to age or physical or mental incapacity. This covers the case of claimant. No doubt would be cast over her claim were it not for the fact'that the language of the 1915 amendment leaves subsection 18 and section 34e unchanged.
It will be seen then that there is conflict between the amended act, subsection 3 and 3a, and the unamended subsection 18 and section 34c. Both the old and the new provisions cannot be given full effect.
■ The cardinal rule of statutory construction is that effect shall be
A statute providing that a previous one shall be amended “to read as follows,” repeals everything contained in the old statute and not embodied in the new, and the new statute is to be construed, as to any ac-. tion had after the amendment, as if the statute had been originally enacted in the amended form. State v. Routh, 61 Minn. 205, 209, 63 N. W. 621; Rundlett v. City of St. Paul, 64 Minn. 223, 66 N. W. 967; see Shadewald v. Phillips, 72 Minn. 520, 75 N. W. 717; State v. Jones, 98 Minn. 6, 106 N. W. 963. That is,-all the provisions of the old law which continue in force after the passage of the amendatory act derive their force thereafter, not from the original, but the amendatory, act. 1 Lewis, Sutherland, St. Const. (2d ed.) § 237 (133); Huffman v. Hall, 102 Cal. 26, 36 Pac. 417; Palmer v. City of Danville, 166 Ill. 42, 46 N. E. 629.
An amendment of a statute “to read as follows,” is not, however, to be construed as repealing and re-enacting that statute. Burwell v. Tullis,
Judgment affirmed.