172 Wis. 415 | Wis. | 1920
The question that first presents itself. 'is whether the court has jurisdiction of the action. The award of the Industrial Commission was made on the 14th day of June, 1919. This action was brought by the attorney
In this state the attorney general has no common-law powers or duties. His duties spring from the statute, and he must find authority in the statute when he sues in the circuit court in the name of the state or in his official capacity. State v. Milwaukee E. R. & L. Co. 136 Wis. 179, 116 N. W. 900; State ex rel. Haven v. Sayle, 168 Wis. 159, 169 N. W. 310. Sec. 14.53, Stats., provides that the attorney general shall
“Appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded by the supreme court to any circuit court in which the state is a party; and, when requested by the governor or either branch of the legislature, appear for the state and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people thereof may be in any wise interested.”
If he had any power or authority to bring the instant action it was by virtue of the language just quoted. That it falls far short of conferring authority upon him to bring the action is apparent upon casual reading. He has no power to prosecute actions in the circuit court, except in cases remanded by the supreme court, unless requested by the governor or either branch of the legislature, or ip cases
Sec. 2394 — 22, Stats., provides that
“In any action for the review of an order or award, and upon any appeal therein to the supreme court, it shall be the duty of the attorney general, personally, or by an assistant, to appear on behalf of the commission, whether any other party defendant shall have appeared or be represented in the action or not.”
This provision lays upon the attorney general the duty to defend the awards of the Industrial Commission. No exception is made where the state is a party. Even though this provision contravened other general provisions elsewhere found in the statutes, by familiar rules of statutory construction this special provision, dealing with a particular subject, would prevail over such other general provisions. But this provision does not contravene any other provision in the statute specifying, generally, the duties of the attorney general. His statutory duty, therefore, is to defend the awards of the Industrial Commission, and the governor cannot, if he would, impose -upon him duties in conflict therewith. Furthermore, there is a very practical reason why the attorney general should consistently' defend the Industrial Commission. If he is to defend the actions of the Industrial Commission as a general proposition and assail them when the state is adversely interested, he may easily find himself embarrassed by being forced into inconsistent positions. That very situation would arise if this case and Holt L. Co. v. Industrial Comm. 168 Wis. 381, 170 N. W. 366, were concurrently pending, as, upon the merits, this case is ruled by that, as was held by the lower court. If they were pending at the same time, every argument made by the attorney general in this case would tend to impeach the action of the Industrial Commission in that, and every effort made by him to sustain the action of the Commission in that case would be against the position he
Furthermore, we may be permitted to suggest, for the consideration of the administrative and executive officers of the state, whether the spirit of the workmen’s compensation act does not suggest acquiescence on the part of the state, as a general policy at least, in the decisions of the Industrial Commission upon questions affecting the duty of the state toward its injured employees. The state has set up this Commission for the administration of the act, giving it dignity by conferring upon it broad powers and limiting the right of judicial review of its acts within an exceedingly narrow scope. It has put the prestige and force of the state back of its orders and awards, by providing that in every action brought to review its awards it should be defended by the attorney general of the state. Notwithstanding the attorney general is commonly regarded as the principal law officer of the state, the legislature provided in plain and deliberate language that .he should defend the Industrial Commission in any action brought to review its awards, without making an exception in case of an action brought for that purpose by the state, or making other provision for representation in the proceeding. That such provision was deliberate may well be believed when we consider the finality attaching to the decisions of the Commission. Of necessity, the duty of the state must be determined by some state officer or agency. What better agency can determine that duty than the Commission itself, experts and specialists in such matters? When that duty has been declared by the Commission, and the principal law officer of the state directed to defend it, its pronouncements, it seems to us, should be challenged by other, state officers with considerable reluctance.
It should be said that this disposition of the case consti
By the Court. — Judgment reversed, and cause remanded with directions to dismiss the action.