, 1861-04-10

J, D. Webster, ESQ.,, Acting Commissioner O.
t, Board Of Sewerage Commissioner:
DEAR SIR: Your letter of 29th March, re
questing me to give to the Board my opinion
in writing, ~ to the validity and effect of the
recent act of the State Legislature establish
ing Board of Public Works to supercede the
present Boards Of Water and Sewerage Com.
missioners, has been received.
It must be admitted that the recent act o1
February Is, 1861, to amend the Charter Of tLe
City Of Chicago, Is not as carefully drawn As il
might have been. I have, however, no hesita.
ton in expressing the opinion that the portion
OF said act which was not required to be sub.
mitted to vote is valid, and took effect from, il.
passage, and is now Notwithstanding the non.
approval Of tn, remaining portion by the peo.
ple) In full force and effect
a question has been made whether tl,is act
took effect from its passage, founded upon the
23d section Of the Sd article of the Conetitu.
ton, which provides that No private or local
Law which may be passed By the General As.
scmb1y shall embrace more than one subject,
and that shall be expressed in the title, and no
~Se@1-Ae
til the expiration Of sixty days from the end OF
the session at which the same may be passed,
unless in case Of emergency the General As
sembly shall otherwise direct"
It is said that ths a2d section Of the amend
ed Charter, containing ths direction that " the
act should take effect and be in force from and
after its passage" was included In the portion
tftAff n ha =
10 become law, and that consequently the
remainder Of the net is subject to the consti-
tnt1onal prohibition, and does not 90 into
euece until the expiration Of the sixty da5 d
from the adjournment Of the Legislature on
the A:h day Of February, 4. D. 1851, viz, not
until the 24th Of April, 1861; and that inas-
much rs the election Of officers, authorized
and required by the act, is thereby ordered to
take place on The 18Th Of April, and the act
authorizes no special election. no leral elec-
ton can be held ulder it until the 18th Of
april, 1852, and the present City Government
aud Sewerage and Water Board will neces-
8 MY continue in office until that time
y uutenable.
Inc preliminary question whether the clause
ol me Constitution referred to has any applf-
cat1on to an act to amend the Charter Of : 10
cal municipality, do not deem it necessary
to consider. Ii will be seen that while the
section Of the Coustition in question discrim-
inates between socdt and public acts, and makes
y oalY PUBLIC acts to whAch it applies the six
tt days provision.
But admitting that the present law would
oe suelect to that provi6o, IAaYe still no doubt
that this law took effect ftom its passage.
NO principle is better established in The coz
stractlon Of statutes than thAt the intention Of
the Legislature is to govern.
1T y sound principle (say the Court Of
Appeals Of New York IN 4 Cometock II thas
such construction ought to be put upon q
statute as may best answer the Intention which
the makers had in view. Whenever the inten-
flon can be discovered, it ought to be followed
with reason aud discretion in its construction,
although such construction may seem contra.
r. to its letter.
!, "The only rule {said Chief Justice Ifndal in
me cRse Of the Dukedom of Sussex. q I.ord
~. H'5, cited Sandf 81 for the construction
o. acte ct Parliament, is that they should be-
construed S 1 according TO the intent Of the Par
Aament which passed the aet.n
80 In Broome's Legal Maxims, q. o46. It ia
sa1u, Inc construction Of statute. like the
operAtion of q devise, dep tnds upon the iuten-
11on u tae maker, to be collected from the
paEtcu4r provision or the general context,
Acts OF Fasalanent and wills ought to be alike
construed according t. the intention Of the
party that made them, and Whenever fhat IN
tsntlon can lndnbitaoly be ascertafued. the
Courts are bound to give it effect. WhafeyeT w
may be their opinion OFF wisdom or policy. !"
q Daoa,7is Stat, $50 80.
L further rule in The construction of st.tutes
Is, THAT one part ot = statute must be 80 con.
strued by anotGe. that III whole may If pos
albie stand And that if 1t e4n be prevented no
clause, sentence or word shau be superRuons,
void OF Insignificant; and it is sound general
principle ID the exposition Of statutes, that
tess regard u 10 be paid to ue sooTds used than
to thepo1icy which dictated the act. -Broom<'s
Aeg. Maz. p. A7.
10 In l Birney, COL, Commonwealth Es.
Dnane, 1t WAS held that, sin constituting any
paf1 o1 law, the whole must be considered,
sae otiHerent y parts reflect Light On each other,
and # possible, such construction is to be
fsney." -N'''' '''''~''~'e VI ''>@'''"''
And IN Michigan In Mckay VI, Detroit
fiank- koad Co, Michigan, 1885, it has been
decided to be cardinal Tnle, that in tbs con:
:struction Of q statute, efact H. TO be given, Il
poseihle, to aEru canse a,sd set;oa of &. and ii
Il the dnty Of Courts, as far % pract5cable. to
&c; &c ;.acIie the different provisions 80 AZ ia
.1nskst'h he whole ae&conafstents sni h.rmonions
Il fhtto ,somes impossible, then va ara tn
tfyb effsct to ~ at Wi Inani{aatly Ms fnta,ston
ask [sotkassas, :. .s5ttet4aa or = dong w ssat
fs$Fkrt tie apFsfesason . aett4e4ntk tQNt