# Schwenk v. Boy Scouts of America

> Oregon Supreme Court · June 24, 1976 · 275 Or. 327

URL: https://www.frixlaw.com/law-library/cases/9548451

## Case

- **Full name:** SCHWENK, Appellant, v. BOY SCOUTS OF AMERICA, Respondent
- **Court:** Oregon Supreme Court
- **Decided:** June 24, 1976
- **Citations:** 275 Or. 327; 551 P.2d 465; 1976 Ore. LEXIS 794
- **Precedential status:** Published
- **Opinion:** Concurrence by Denecke
- **Judges:** O'Connell, Denecke, Holman, Tongue, Howell, Bryson
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9548451

## How later opinions describe it (automated extraction)

- discussing the purpose of HB 2116

## Opinion text

DENECKE, C. J.,
specially concurring.
I specially concur to state a rule of statutory construction which I believe is preferable to that stated in the majority opinion.
The majority states:
«* * * rp^g reas0I1) in our view, is that the term 'place or service’ is 'ambiguous,’ at least in a legal sense, because the words 'place’ and 'service’ are general terms and the intended meaning of such words in any given *337 context may depend upon the intent with which such words were used. For that reason, this court may properly consider the legislative history of ORS 30.675 for the purpose of determining, if possible, the intent of the legislature in the use of that term.” (Footnotes deleted.)
I prefer the rule as stated in United States v. American Trucking Association, 310 US 534, 543-544 , 60 S Ct 1059 , 84 L Ed 1345 , rehr den 311 US 724 , 61 S Ct 53 , 85 L Ed 472 (1940):
"* * * When aid to construction of the meaning of words, as used in the statute, is available, there certainly can be no 'rule of law’ which forbids its use, however clear the words may appear on 'superficial examination.’ * * * »
See Murphy, Old Maxims Never Die: The ’’Plain-meaning Rule” and Statutory Interpretation in the ”Modern” Federal Courts, 75 Colum L Rev 1299 (1975).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548451. Public record. Not legal advice.