Monacelli v. Grimes

*146Wolcott, Justice

(dissenting as to Question No. 1).

I do not agree with the answer the majority of the Court has given to Question No. 1. That answer'springs from the application of a judicially devised rule of statutory construction designed to ascertain “legislative intent”, viz., that when language of a statute is plain and unambiguous on its face, courts may not alter the plain meaning by construction. I recognize the rule, but in my opinion it has no application to the case at bar. It presents no problem of statutory construction. The problem before us is which of two statutory provisions…