Texas Attorney General Opinion: V-1234 Page: 3 of 4
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Hon. George B. Butler, page 3 (V-1234).
manifest or obvious mistakes may be cor-
rected, . . . If a clerical error renders
a statute incapable of reasonable construc-
tion, the proper word or numeral will be
deemed substituted, where it can be sup-
plied by reference to the context or other
statutes. This is but making the strict
letter of the statute yield to the obvious
intent."
In Morrison-Merrill & Co. v. Industrial Com-
mission, 18 P-.2d 295 (Utah Sup. 1933}), theCourt, in
construing a formula fixing the weekly compensation
applicable under a workmen's compensation act supplied
a decimal point in the formula, saying:
. . .It is clear that in using the
formul a decimal point should be placed
before the 60. Section 3137, heretofore
quoted in this opinion, provides that the
injured employee 'shall receive 60 per
cent of his average weekly wages,' etc.
It is obvious that the 60 in the formula
is intended as 60 per cent. When it is
obvious that there is a mistake or omis-
sion in a statute and the intention of
the Legislature can be collected from
the whole statute, courts will deem the
proper word substituted or supplied. 25
R.C.L. p. 978, 227, and cases there
cited."
A similar result was reached by this office
in Attorney General's Opinion V-1117 (1950) wherein
it was held that "1951" was erroneously written for
"1950 ."
SUMMARY
The maximum annual salary which may
be paid to investigators under Item 10 of
the appropriation for the Life Division
of the Board of Insurance Commissioners
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1234, text, August 10, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266052/m1/3/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.