Oregon Advisory Opinions October 11, 1951: OAG 51-147 (October 11, 1951)

OAG 51-147.

Gentlemen: In your letter of recent date you propound several questions with reference to paragraph 7, § 2, chapter 570, Oregon Laws 1951, which makes it unlawful

"For any licensee under this Act or for any dealer in, manufacturer or distiller of intoxicating liquor to make any contribution to any candidate for political offices or to any political party."

The question was clearly answered by Mr. John K. Crowe, Assistant Attorney General, in a memorandum dated October 9, 1950, and to which opinion we adhere. In your letter you specifically ask six questions, all of which may be answered in one paragraph.

(1) The law does not permit, in our opinion, a licensee of the Oregon liquor control commission to allow a candidate for political office to post political placards in any part of the licensed premises. (2) It follows that it would also prohibit the distribution or circulation on licensed premises of campaign material, circulars or pamphlets advocating the election of a particular candidate for a particular political office. Likewise, (3) it would not permit a licensee to allow such campaign literature to be placed upon the licensed premises to be made available to patrons desiring the same within the licensed premises. (4) The same would equally hold true with reference to the distribution of matters other than literature or printed matter such as buttons, match folders and the like, advocating the election of a particular candidate for public office. (5) It is needless to repeat that it would also prohibit and make it illegal for a licensee to permit or assist in the circulation of petitions on the licensed premises for the purpose of obtaining signatures to place a particular name of a candidate for office or a controversial measure on the election ballot. And, finally, (6) it would prohibit the licensees of the commission from performing any such services on behalf of any candidate or political party or any political organization on the licensed premises.

The word "contribution" as used in the statute frequently has a literal meaning of something of a pecuniary or monetary nature; however, Webster defines it as any aid or assistance or services rendered, directly or indirectly. The doing of any of the things above enumerated would certainly be of aid and assistance to a candidate for a political office.

Furthermore, the word "any" has a comprehensive meaning and in its ordinary sense is broadly inclusive. It may mean one indiscriminately of whatever kind or quantity. In determining the meaning intended the word should be read in connection with the context and subject matter with which it is used: Pursley v. Inman, 54 S. E. (2d) 800, 802, 215 S. C. 243; City of Phoenix v. Tanner, 161 Pac. (2d) 923, 924, 63 Ariz. 278; Federal Deposit Insurance Corp. v. Winston, C. C. A. Tenn., 131 Fed. (2d) 780, 782; State ex rel Womack v. Jones, 10 S. (2) 213, 217, 201 La. 637.

See 3 Words and Phrases, 1951 Cum. Supp. pp. 131 et seq.

Referring to chapter 570, Oregon Laws 1951, supra, the word "any" seems to be used throughout this clause in its broad, comprehensive sense and would include contributions of every and all kinds. This is further substantiated by reference to the declared purposes of the liquor control act and its statement that its subject matter "involves in the highest degree the economic, social and moral well-being and the safety of the state and all its people" as well as its directive that "all provisions of this act shall be liberally construed for the accomplishment of these purposes."

Among comparative legislation, for instance, the civil service act condemns political activity among the personnel under its provisions. Likewise, the corrupt practices act in our election law has a clearer definition of contribution, which means, of course, money or its equivalent in that instance. However, applying the word to the nature of the business conducted by a licensee, it is our opinion that it was the intent of the legislature to restrain and avoid any activity on the licensed premises which would aid or assist in any manner one candidate against another for a political office or do anything that would in any way excite a controversial brawl or cause a disturbance on the licensed premises.

The act defines what may be conducted thereon in the way of entertainment, and also prohibits noisy and other gatherings which may cause disturbance or disorderly conduct in the premises. We, therefore, must place the foregoing construction on the statute in order to follow the intent of the legislature.

We deem this matter of a rather minor significance. The language, however, speaks for itself, and it is within the power and authority of the commission to promulgate rules and regulations controlling the licensee and the licensed premises. If the language of the statute appears ambiguous in your minds you have the power and authority to clarify it by a regulation promulgated pursuant thereto.