The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-02-02
eoverror stevenson and the Notice.

Goyernor Stevenson and the Notice.
Editor of the Courier:
The anxiety shown by the Republi-
cans to have the Flick Amendment
passed is worthy of all commentator
If IT proceeded from a sense Of justice
or an enlarged desire to promote the
public welfare. But if it proceeded
from these motives, it would not be 80
constantly accompanied by those CEN
serious imputations which always char
acterize any of their references to the
subject. Their mouths speak from the
fulness of their hearts.
Yet, their anxiety to press this meas
ure on the Democratic party, accom-
panied always by this acrimony, justifies
the suspicion, if not the direct imputa-
ton, of other feeling than the candor OF
frankness. In the extreme desire to
accomplish their purpose, the Parkels'
burg Journal says, that from Governor
Stevenson's Gown lips it is authorized
to say that be, Governor Stevenson,
will certify the three months notice re-
ouired by the Constitution for its passage
was given. We thank Governor Ste
venson for the concession that the Ian
guace of the Constitution really means
three months, and that to proceed with
ont the notice would be to violate the
instrument. This is fair and Justin
ference. -.
We do not think that this will in the
least aid the Governor and his friends.
but will tend seriously to embarrass
them, and any who may desire to get
on their platform. There is this OBJ
stacle in the way, namely, showing that
from the time OF issuing the order for
the publication OF the notice to the
time it reached all the papers Of the
State, and was then published by them,
this was his three lunar months. He
can find decided cases showing this ne
cessity.
But his three lamar months will not
answer. This, it is true, was the old
English law,sand considering the in
veteracy with which habits cling to an
Englishman's mimi, and especially
their judicial habits, it may yet be the
English, but it is not the American
law. Hunt Us. Holden, 3 Mass. 10;
Avery u.s. Bixley, 4 Mass. 46O; Church
hill Us. Mer. Bank, l9 Pick, 532.
1t is not Virginia law The point
has beenexpressly decided in Bruner rs.
Harris, 5Gratt, 29S. In this case the
Court of, Appeals Of Virginia deter
mined that by the word month" in our
statute is meant a calendar and not a
lamar month. with us" says Judge
Baldwin, delivering the opinion OF the
Court, "by general usage and popular &C.
ceptance, whenever the word months
is used without qualification or expla-
nation, in common parlance or business
transactions, it is understood to mean
calendar months And in the use Of
language not technical the Legislature
must be supposed to express their mean
ing according to the sense in which it
will be understood by the persons for
whom they legislate."
Gov. Stevenson will hardly hold that
there is one rule for the Interpretation
Of statute law of this kind, and another
for the Constitution; that in all statutes
the word month is to mean calendar
month, but in this one instance in the
Constitution it is to be interpreted as
meaning lunar month.
This statement of the Journals made
in an article on the Brannon correspond
ence, and is intended to obviate by an
unfortunate statement of facts, the just
application of legal principles. should
have replied here, but having an oppor-
tunity Of sending you these lines i'll pen
Gil at once, and knowing the uncertainty
of any other mode Of communication,
| send to your editorial care.
With respect, ".
GEO. w. THOMPSON
Wzssling West Virginia.