148 Wis. 274 | Wis. | 1912
Lead Opinion
On January 2, 1906, one Olaus Sletten, then residing in Monroe County, was committed to the state hospital for the insane at Mendota. In May, 1906, the County of Monroe, acting under sec. 591, Stats. (1898), submitted proofs to the state board of control showing or tending to show that Sletten had not been a resident of Monroe County for a period of one year before his commitment, but was in fact a resident of Yernon County. An order to show cause why the County of Monroe should not be relieved from the expense of keeping said Sletten at the Mendota hospital, and why Vernon County should not be charged with such expense, was procured from the state board of control.. Vernon County did not appear on the hearing of such order, and on July 5, 1906, said board determined. that Monroe County should be relieved of any charge on account of said Sletten and that Vernon County should pay such expense. No appeal was taken from this order. On June 16, 1908, Vernon County petitioned the aforesaid board for a rehearing in said matter, and thereafter notice was served by Vernon County on Monroe County that the former would move the state board, at a time and place stated, for an order relieving Ver
The circuit court awarded judgment quashing the writ, and the relator appeals from that judgment. The following reasons are urged for a reversal of the decision of the circuit court: (1) The order of July 5, 1906, not having been appealed from within one year, as provided by sec. 592, Stats. (1898), it became final and conclusive between the parties hereto. (2) Two years having elapsed and neither county having taken an appeal from the said order of July 5, 1906, the board was without jurisdiction to take any further action in said matter; and (3) there was no evidence produced before the board to show that Sletten had resided in Monroe County continuously for the period of one year before his commitment.
The first two contentions of the appellant involve the construction of secs. 591 and 592, Stats. (1898). In reference to the third contention, we think there was some evidence to support the conclusion of the state hoard of control to the effect that the residence of Sletten in Monroe County was sufficiently established to warrant the expense of his keep being charged to that county. We do not deem it useful to discuss this question at any greater length. The bulk of counsel’s argument is devoted to the two other points raised. Were it not for the last sentence of sec. 591, Stats. (1898), we would have no hesitancy in saying that the position taken by the relator was unassailable. There is a provision for notice to
“Erom and after tbe making of such order such inmate’s support shall be charged in accordance therewith; provided, that tbe county named in such order may, in like manner, apply to said board for relief from tbe burden thereby imposed, in wbicb case tbe matter shall be beard and disposed of as herein provided.”
This clause states in plain language that after tbe board of control has determined that a certain municipality is chargeable with tbe support of an insane person it may apply to tbe board for relief from such order. No limitation is made as to tbe time when such application may be made, nor as to tbe parties who may be brought before tbe board on such an application. Now we are asked to say that tbe application can be made only when it is sought to charge some political entity other than that wbicb was a party to tbe first proceeding, and to make an exception in favor of tbe party that was successful on tbe original bearing, because by so doing we will be carrying out the legislative intent. Seeking after tbe intent of a body composed of 133 members is often a difficult and an elusive pursuit. Ordinarily tbe safest guide to follow in seeking light on tbe subject is to take and apply tbe language used in its common and ordinary sense. Ashland v. Maciejewski, 140. Wis. 642, 643, 123 N. W. 130, and cases' cited. If tbe legislature intended to make an exception such
By the Court. — Judgment affirmed.
The following opinion was filed February 3, 1912:
Dissenting Opinion
(dissenting). Sec. 591, Stats. (1898), prescribes how counties may test before the state board of control the question of their liability to support an insane person who is an inmate of a county or state hospital. The latter part thereof reads:
“From and after the making of such order such inmate’s support shall be charged in accordance therewith; provided,, that the county named in such order may, in like manner, apply to said board for relief from the burden thereby imposed, in which case the matter shall be heard and disposed of as herein provided.”
Sec. 592, Stats. (1898), gives a party aggrieved by such order one year in which to appeal to the circuit court of the county to which the person named in such order is alleged to be chargeable. ■ '
In view of the policy of the law to end disputes about the same subject matter between the same parties, and of the fact that each county has one year in which to take an appeal— presumably ample time in which to ascertain the facts as to its liability, — it does not seem reasonable to so construe the statute as to permit the same parties 'to relitigate the same subject matter before the same tribunal ad libitum. Such a construction should not be put upon it if it will reasonably bear any other. It is not straining the language of ‘the proviso to construe it to give the right to the county named in the order to litigate its liability with the state or any county other than the one it has already litigated it with. This interpretation gives full force and effect to every word