Healy v. State

Burke, J., delivered the opinion of the Court. Martin F. Healy, the appellant, was appointed sub-treasurer for certain precincts of the fifth ward of Baltimore City by John T. Daily, the treasurer of the Democratic State Central Committee for that city, to act as such sub-treasurer in connection with the election to be held in said city and in the State of Maryland on the 8th day of November, 1910. As such sub-treasurer, the appellant received from the said John T. Daily, treasurer as aforesaid, the sum of three hundred dollars to be expended as sub-treasurer before and at said election. On the 18th day of November, 1910, the appellant made his report under oath in writing as sub-treasurer to John T. Daily, treasurer as aforesaid; but neglected to state and specify in detail in his report the names of the persons to whom he paid said sum of money received as aforesaid from John T. Daily, treasurer.

"He was indicted in the Criminal Court of Baltimore City for failing to state in his said report the names of the persons to whom the money was paid. He demurred to the indictment. The Court overruled the demurrer, and the appellant was convicted and was adjudged to pay a fine of ten cents. We understand it to be-conceded that Mr. Healy in neglecting to give the names of the persons to whom he paid the money was acting in good faith, and that he had been advised that he was not required by law to do so.

This, no doubt, accounts for the mere nominal fine imposed by the Court. ³⁷⁹ The question presented by the record is a narrow one, and involves the construction of the Act of 1908, Chapter 122, known as the Corrupt Practices Act. Does that act require a sub-treasurer to report to the treasurer, who appointed him the names of the persons to whom he paid the money received from such treasurer ? This is the only question presented by this appeal. A great deal was said in the argument about the general rules of statutory construction, but these are so well settled that we will content ourselves with the following quotation from the opinion of this Court in State v. Archer. 73 Md. 44 : “All agree that the intention of the legislature must govern in the construction of all statutes.

This rule lies at the bottom of all statutory construction. The law, it is true, in its tenderness for life and liberty, requires that penal statutes shall be strictly construed; by which is meant that Courts will not extend the punishment to cases not plainly within the language used. At the same time, such statutes are to be fairly and reasonably construed, and Courts will not by narrow and strained construction exclude from their operation cases plainly within their scope and meaning. As stated by Sedgwick on Statutory Law, 287, and quoted with approval by Bramweuu, B., in Foley v. Fletcher, 28 L. J. Exch. 100: ‘The more correct version of the doctrine appears to be that statutes of this class are to be fairly construed and faithfully applied according to the intent of the legislature, without unwarrantable severity-on the one hand or equally justifiable lenity on the other; in all cases of doubt the Courts inclining to mercy.’ After all, then, it is the legislative intent that must govern in the construction of penal as well as all other statutes.” Primarily, the intention of the legislature must be sought in the words employed to express it.

If the meaning of the language used be plain and unambiguous the legislature must be understood to intend what is plainly expressed, and nothing then remains but to give the intent effect; if the words of the law seem to be of doubtful import, it may then perhaps become necessary to look beyond them in order to ascertain ³⁸⁰ what was the legislative mind at the time the law was enacted; what the circumstances were under which the action was taken; what evil, if any, was meant to be redressed, and what was the leading obj ect of the law. We will now examine the provisions of the Act of 1908, Chapter 122, so far as they relate to the question before us, in the light of these principles. Section 162 of the act declares that a treasurer, within the meaning of the act, shall include all persons appointed by any political committee or candidate for nomination and election to any public office to receive and disburse moneys to aid or promote the success or defeat of any political parity, principle or candidate. It further declares that no person shall act as treasurer unless, after his appointment and before the primary or election for which he is appointed, a writing signed by the political committee or candidate appointing him and designating him as such treasurer, shall be filed with the Secretary of State, except that in case the duties of such treasurer shall relate to any county, city, ward or district or district election exclusively, or to any primary election preliminary thereto, such writing shall be filed with the Clerk of the Circuit Court of the county in which such treasurer resides, or with the Clerk of the Circuit Court of Baltimore City, if such treasurer resides in Baltimore City, instead of with the Secretary of State.

Every such writing shall designate the particular period, election or primary election within which such treasurership shall continue. Every political committee is required by the act to appoint and constantly maintain a treasurer to receive, keep and disburse all sums of money or other valuable things which may be collected, received or disbursed by such committee, or by any of its members, for any purposes mentioned in section 162 of the act, or for which such committee exists or acts, and unless such treasurer is first so appointed and maintained it is unlawful for a political committee, on any of its members, to collect or receive or disburse money or other valuable things for any such purposes. ³⁸¹ The treasurer appointed under the act by the State Central Committee of any party, and the treasurer appointed in any county or in the City of Baltimore by the members of the State Central Committee for such county or city of any party, and the treasurer appointed by the city committee of any party of the City of Baltimore, before proceeding to act shall give bond to the State of Maryland in such penalty as the committee by whom he shall be appointed shall prescribe, conditioned for the faithful performance of the duties of his office. Section 163 provides that “All money or other valuable thing collected, received or disbursed by any political committee, or by any member or members thereof, for any of the purposes aforesaid, shall be paid over to and made to pass through the hands of the treasurer of such committee and shall be disbursed by him, and not otherwise; and it shall be unlawful and a violation of this article for any committee or for any member or members of said political committee to disburse or expend money or any other valuable thing for any of said purposes until the money or other valuable thing so disbursed or expended shall have passed through the hands of the treasurer of such committee, * * * ; provided, however, that the treasurer appointed under this act by the State Central Committee of any party, or the treasurer appointed in any county or the City of Baltimore by the members of the State Central Committee for such county or city of any party, or the treasurer appointed by the city committee of Baltimore City of any party, may appoint one sub-treasurer for each voting precinct in the said county or city, as the case may be, which sub-treasurer is authorized to expend such money as may be placed in his hands by the treasurer appointing him for such purposes as are lawful under the provisions of this act, and for no other purpose, and it shall be the duty of every such sub-treasurer, within ten days after every