The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-28

ACKNOWLEDGEMENTS DECISION OF
THE COURT OF APPEALS.
The following is literal transcript of the opinion
OF the Court OF Appeals in the case of William
Frazier Us. Henry NJ. Warfeld. The facts of the
case which are doubtless fresh in the recollection of
both our mercantile and agricultural readers.
among whom it has excited great deal of interest,
are so fully stated in the opinion as to render their
recapitulation unnecessary. The opinion of the
Court was delivered by Justice BARroL:
The question which gave rise to this controversy in
wolves the construction of the Act 1885, CHI $50 and in
asmuch as that question has been fully argued and the
solicitors both sides have united in expressn the
wish that the judgment of this Court should
thereon for purpose of definitely setting other
now pending and awaiting the decision this we deem
u unnecessary to pass upon the question Jurisdiction
For conceding that the Superior Court has jurisdiction
over the Csc without however deciding is admitted
by the appellant that the construction of the act claimed
and insisted by him. be erroneous he not entitled to
the relief prayed in his bill of complaint the inunc
ton granted by the Superior Court dissolved
appears from the record that the complainant with his
partner III trade the 1st of July 1853 had contracted
with certain William s. Pawson for the purchase of n
lot of wheat represented by sample The wheat was de-
at the of and the appellant
FRAZIER the Inspector General of Grain in and for Bat
more CITY, was notified that the ready to be
measured and weighed.
The appellant proposed measure said wheat and tn
ascertain Its weight by weighing bushe every six
y according to the long established usage in Baltimore
The complainant objected to that of weighing and
insisted that the appellant bound under the law
weigh the whole parcel and upon the refusal of the
liant TO adopt that construction of the law the complainant
proceeded to have the same measured and weighed
self and thereupon proceedings instituted against
him before Justice of the Peace, the penalty
under the 18th Section of the Act Then on application
of the complainant the Superior Court sitting in Equity,
ISSUED an injunction to restrain the proceeding before
the Justice of the Peace, and from the order of said
Court refusing to dissolve the injunction this appeal was
taken.
1t is admitted in the case
That the practice of weighing wheat in the city of
baltimore, prior to the Act of 1855 CHI $50 always has
mode of determining the weight between the
'buyer and seller; and that in this the inspec-
tor was ready and offered to weigh the wheat accord
"to weigh the wheat in any other mode, and has
ever since refused to weigh wheat in any
oher mode and the complainant In consequence of such
refusal, and alleging that the law did require all the
wheat to be weighed, proceeded to weigh the same, by
weighng one bushel in sixty in order he al
legged to ascertain the true quantity of wheat in the lot
(which he and his partner had released of said Pawson
land which lot being contracted for at given price per
bushe and the number of bushels not being known at
the time of the contract the complainant weighed the
wheat in aforesaid and he and his said partner
paid and settled for said lot of wheat of the quantity
'ascerained by such weighing of bushel in every
''sixty, by the complainant aforesaid"
Upon this state of facts the question presented for
decision is whether the Inspector, by measuring and
weighing the wheat in the mode proposed by him, was
fulfilling the requirements of the act of 1885, The princi
pies which Justice in the construction OF
statutes simple and well defined, among them the
dnal one that the intention of the Legislature shall be
carried out That intention is to be collected from the
words of the statute by considering every part of it.
Cranch, 2S6.
1t may also be ascerained by considering ''the
necessity of making the act or from foreign circumstan
ices" 4 G. Il j. 1872
Guided by these have but little difficulty in
coming to conclusion the proper construction of the
of 1855 and ascertanng the true intent of the Leg
lature in passing it, The object and general purpose Of
the law to provide competent and suitable officer
inspect grain sold in the city of Baltimore and
certain with fairness and accuracy the true quantity sold
by weighing and measuring-to establish system by
which the Legislature supposed the farmer would
honestly receive, and the merchant honestly pay
| bought.
to accomplish this result not by introducing mode
of weighing and measuring but Ito the language of
the Judge of the Superior Court by placing between the
buyer and seller an impartial officer of the law with du
tles defined and their faithful performance secured by
bond and an oath Great stress has been laid by the
appellee upon the language of the 9Th section 1t is in
these words That the said Inspector shall also careful
''ly weigh and determine the weight of all wheat that
shall be inspected by them carried to the said city for
sale and for that purpose shall procure, at reasonable
land proper cost suitable weights and scales effect the
| purpose herein emplated'
1t is said that the weight of lot of wheat cannot be
certained without weighing all and every part of it,
'That all means ALL and notraq less This view of the
case would conhne to the words of the 9Th section
alone our duty to look at the whole act, and to
strue it, by considering all its provisions.
THE office of good expositor of act Of Parliament
to make construction all parts together and not of
one part only by ITSELF Memo enim dlqudm parton
recte inteigere pOsSit, anequan, Ot,nl erma atgue
"iterum perlegerit. is Coke r. So
The requires all shall be Inspected yet OBJ.
vous by the words of the Sd section that Legislature
designed that by the inspection of fair average
Piles from any lot, the quality the whole lot should be
determined. Why not then ascertain the weight of the
lot, by weighing fair average portion of it and
surfing the wholeY If the whole is to be weighed to de
ermne the quantity why require it to be measured
all? If the construction of the appellee correct
ing would be useless yet the act throughout
associates the measure of wheatthe bushel-with the
weight.
The Legislature requires the quantity to be acertained
by aceighing and measuring. What is by these
words used in the act of Assembly? Now looking at
the admitted facts in this case, it that the
terms oe9hiTg and measuring wheat in the city
more have obtained certain definite meaning; if So
that meaning must be given to the words of the
1T is familiar rule that words in shall be tax
Williams, 7 G. & j.. II.
Again, it is admitted that immemorial usage has ex-
listed IN Baltimore by which the weight of a lot of
as between buyer and seller has always been ascertane
by weighing one bushe in sixty. If the meaning the
words of the act be uncertain the law authorizes
sort to the usage for their Interpretation.
doubtful words in the general statute may beexpound-
ed with reference to general usage, and when
rs applicable to particular place only, such words ay
be construed by usage at that place Love Hncley
Abb Adm. 436.
This rule is founded in and common sense and is
peculiarly applicable to the before The Legsla
ture must be presumed to have acted knowledge
the usage existing in Baltimore if had been their
purpose to inaugurate mode of weighing they
would have declared their intention in plain and unequi.
vocal terms.
We think there great force in the argument based
the Inconvenience that would result from adopting
construction claimed in this by the appellee When
we consider the immense quantity of wheat which finds
market in the great commercial mart of State
perfectly obvious that it is amostfnot entirely impract
caoe, to weigh every bushel To give such cOnstruc
ton to the would be subject the community to the
greatest inconvenience expose the parties interested
enormous expense and delay and entirely Illustrate the
whole objects of the law.
Chief Justice Marshall in the case of Fisher u.s. Blight
Cranch 35S said at is also true, where great in
convenience will result from particular construction
that construction is to be avoided unless the meaning
the Legislature be pain in which it must be obey
'ed.'
No sound rule of can authorize us to i'm
pute Legislature purpose in passing the act of 1855
which would entail such mschievous consequences
have described or make the statute nugatory.
Whatever may be the differences of opinion with regart
Of he In plD,ir
isterng it is to give effect to the legislative WILL fairly
ascertained and interpreted according established rules
of construction.
We of opinion that the order of the Superior Court
from which this appeal take nough to be reversed
ingly.
Order reversed and bill dismissed with costs to appel
liant.
True copy, test-WM. A SPENCER Clerk,
Court of Appeals of Maryland.
NICARAGUA.-Dates to March IS Nicaragua ha
concluded postal treaty with Great Britain
Letters between British and Nicaraguan port
are to be charged sixpence, and Nicaragua bind
herself not to charge more than two cents inant
postage on British letters. The treaty is to las
for one year. 1t has also been confirmed by thu
Senate.
The treaty with Sardinia has been slightly modi
lied, the clause against privateering has not beer
accepted, Nicaragua stating that she will not con
sent to give it up until the United States does sc
also.
An amnesty has been granted to all political of
lenuers, ana 1ddre WIN, alkerS Minister tC
Washington, has been allowed to return. better
feeling towards foreig ners appears to animate the
present government, and desire is shown to encou.
rage immigration and the development of the re-
sources of the country.
Considerable alarm was caused by the appearance
OF the Decatur along the coast, as she was at first
taken for of the fiibuster vessels. 1t appears
that Col. Schlessnger called on Com. Long to ask
his assistance in opening the transit route by force
To this very improper demand, the Commodore of
course, refused to comply, and reprimanded Schles-
singer for suggesting such thing to him. As the
valiant Colonel declared he was able to do so with
out the Commodores aid, the latter sent the Deca-
tur to prevent anything of the kind.
The fact of Walker having turned Catholic tells
very much against him among those in Near
aqua, supposed to be friendly to his cause. The
people naturally conclude that he did so for a
political dodge and not from San overwhelming
conviction
The financial condition of the country is in most
deplOrabe state. The report of the Minister of
Finance shows deficit of $40 900 for the years of
| lS59-'60.
The Senate and House of Representatives have
declared the transit route Free and authorized the
Government to issue decree to that effect as soon
as it becomes expedient. This step is said to give
route may soon be opened again.
! We see no mention made of the movements of
M. Belly. correspondent of the Journal of Com
merce mentions that his treaty, or contract has not
met with the support in Congress it was expected
to receive; another correspondent says that 'srou-
BILE is brewing" and third tells US that ''matters
ap naf Gnt