The Kansas herald of freedom., 1858-04-03
Letter Of Secretary cass and the Opinion Of the
Hon. ]. S. Black.

Letter CT Secretary Cass and the Opinion Of the
Hon. ]. S. Black.
We would cali the attention of our
readers to the letter of the Secretary of
State and the opinion of the Attorney
General of the United States, the Hon. j.
S. BLACK, as TO the legality of the law
authorizing the holding of the present
Constitutional Convention. Judge BLACK
is known to be one of the most profound
jurists in the United States
DEPARTMENT OF STATE,
Washington, March 18th, 1855
Gov. j. w. DENVER,
Leeomptoa, Ter. Of Kansas.
SIR:-It having been understood, that
some doubts had arisen in Kansas, con-
corning the proper construction of the
last clause in the 24th section of the Or
ganic law, of that Territory, l herewith
transmit for your information, copy of
the Attorney General upon that subject,
| am sir, Very respectfully,
Your obedient servant,
LEWIS CASS.
DIR. Black to Mr. Cass.
ATTORNEY GENERALS 0FFIcE,l
March 10Th, 1858.
SR:-The question you propounded to
me is on the construction of the following
clause Ia the act organizing and establish
ing the Territorial government of Kansas:
" II any bill shall not be returned by the
Governor within three days Sundays ex-
eepted) after it shall have been presented
to him, the same shall be a law in like
manner as if he had signed 1t, unless the
Assembly, by aijourning. prevent its
return, in which case it shall not be
law Does this give the Governor three
clear days to consider bill? Or is he
bound to return it on the third day, count
ing in the day on which it is presented as
one of the three?
It is the universal rule in the compu-
5ation of time for legal purposes not to
notice fractions of day. When the law
allows q thing to be done within certain
member of days. you cannot take frac-
tional part of one day at the beginning
andadd it to another fraction ar the end
in order to make up one whole day. But
whether the fraction at the commence
ment of the time shall be counted as
whole day, or whether itshall be excluded
from the calculation altogether, was a
much vexed question on which both the
English Judges and the Doctors of the
civil law disputed so long and so earnestly
that it was called the controversial coptyc-
rertisstmnla. (18 How: 1851 The weight
Of the judicial authorities in England.
especially in the more recent cases, is in
favor of the doctrine which excludes the
first day from the count. Chitty sums up
their effects by pronouucing that to be the
modern rule of construction r.
109-10.)- this country, although there
may be cases in which the peculiar words
of a statute or contract would require
| the first to be counted, it may safely be
declared as the settled law, universally
understood and accepted, that fractional
part of the day from which time is com
puted, cannot be counted at all. a lease
| of land for one year from the 1st of April
does not expire until the first day of April
following. It would expire on the thirty
first of March, if the day on which the
term began were not excluded. When a
bill is payable ten days after sight, the day
of presentation is not one of the ten
When the decree of court requires an
act to be done within four DAYS the party
cannot be put in contempt, until the expi-
ration of four whole DAYS after the dav
on which the decree is dated. When a
policy of insurance stipulates for two
days notice of a fire, the day of the FIRE
IS not included A right By statute to
redeem lands sold for taxes within sixty
days after the sale, means sixty days with
ont counting the days of the sale. These
are few of the innumerable cases to
which the American courts have applied
the general principle that, where time is
to be computed from an act done, the day
OF which the act is done shall be-exclud-
ed, unless it is apparent that different
computation was intended.
The case under consideration is a
stronger and clearer one for the applica-
ton Of the rule than either of those have
mentioned. Though divisions of a dav
may be allowed sometimes to make priori-
ties, or give other advantages in private
transaction, they are always excluded IN
public proceedings. 20 Washb: 653, ,Hf
the fraction Of the day on which the bill
in this case was presented to the Govern
-or, cannot be counted as a fraction and
added to the fraction of the day ON which
the Assembly adjourned Gas it manifestiy
cannot) then, 1t must be Ieft out of the
count altogether by the plain words of the
act of Congress. The act SAYS that the
Governor shall have three DAYS after the
bill IS presented. To count the whole of
the first day would be making the time
csmmerce tsfore the bill Is Ilresentesl.--
Indeed. this mode Of counting part for
the whoi- might be used SO as TO reduce
st.e three lays allowed hy law to one
Suppose tha bill to be presumed at the
isst minute Of flte 1Ith day of February,
aud tie assembly to Adjourn at the first
of the 18th In that case, if ne count the
tsFo fractions for two days, the Governor
hss, IL effect. but twenty-four hours to
considtr the blk The absuraity Of this
construction may be made still more ap-
parent bs supposing the act TO give the
Governor only one day to consider and
retarn bill. In such ease, If yoa eonnt
the day or which the bib is presented you
leave him 10 time At alt