The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-08

- 1t is not permitted to interpret
what has no need OF Interpretation.
When an oct is expressed in clear and
precise terms. when the sense is mani
fest and leads to nothing absurd, there
can be no reason not to adopt thelsense
which it naturally presents. TO 10
elsewhere in search OF conjectures iu
order TO restrain or eItinguish il, is to
elude it," 1t should be added a. in the
original rule: "If this dangerous
method be once admitted there will be
40 set which will no. be rendered use.
less"
This rule is taken from Vattel, ID. 9.
c. lis. 263 and applies with even
greater force 10 constitution than te
q statute for the former is the work o.
the people 'in their original sovereign
and unlimited capacity" TO be read and
comprebended by the learned and un.
learned, the wise aud simple, aud is
therefore couched in plain and simple
language that all who read can under
stand.
IS. Where there is q discrepancy or
disagreement between two statutes, such
Interpretation should be given that
both may, il possible. stand together"
"9. Statutes should be interpreted
according TO the most natural and oh.
vious import OF their language, without
resorting to subtle or forced construc.
tion for the pnrpose OF either limiting or
extending their operation. Courts can-
not correct supposed errors, omissions.
or eXcesses OF the legislature.
ln recogniz ng and applying this rule
(in the case OF Waller rs. Hsrris, %
Wend 562.) Bronson J. in delivering
the opinion o. the Court Of Errors OF
New York, uses this language: Let
Us take for example, the statutes OF
frauds and limitations which have flled
our books with legal adjudications.
Had the plaiu and unequivocal Ian.
gusge Of those laws been rigidly follow,
ell. there would undoubtedly have been
q few cases Of great hardship; but when
il had once been settled that the stat
utes were nc, to be limited in their OPP
GRAFTON by over refined and artificial 10.
terpretations, men would have been
able to understand and govern them
selves by the law OF tie land, and On
incalculable amount oi legal controver-
sy would have been avoided"
40. The Office OF Interpretation is TO
bring the sense out OF the words used.
and not to bring the sense into them
For the better understanding OF this
rule, it should be read in connection
with the following:
"l9. Whether courts are interpreting
an agreement between parties, . stat
ute, or a constitution. the thing TO seek
is, the thought which il expresses. Tt
ascertain this. the first resort in all
cases. is TO the natural Specification OF
the words employed in the order and
grammatical arrangement in which
they stand. II thus regarded. the
words embody q definite meaning.
which involves no absurdity. and no
contradiction b,,ween different paris OF
the ZANE wriliog; then that meaning
upon the face OF the instru-
men. is tie one which alone we are at
liberty 10 cay was intended 10 be con-
yeyed. In such case there 10 no room
for construction. That which the words
declare is the meaning OF the instru-
ment; and neither the courts nor the
legislature have the right TO add 10 or
take away from that meaning"
See McCluskey rs Cromwell III N.
Y. 593.l
To the same effect ID The following:
"20. In the enactment OF statutes, the
rule OF Interpretation is, in respect 10
the intention of the legislature, that
where the language is explicit, the
courts are bound to seek for the intsn-
,ion in the words of the act itself, and
they are not At liberty TO suppose or TO
hold. that the legislature intended any.
thing different from what their Ian
guage lmports.
IN connection with this rule. reference
"a made to the language OF Senator
Porter 10 the case OF the Supervisors OF
Niagara We. The People. 7Hill p. 5ll.
Aided and guided by these rules. and
in Tie light afforded by the political
history, not only OF our own State and
the mother State from whom We have
been severed. but oi the other States oi
the Union. let me epdeayor 10 answer
the questions which ] stated at the out
ret, from the constitution itself.
First, 1t 10 not 70 be denied that
there are but two modes provided N
the constitution Tor the designating or
selecting the voter or citizen entitled
TO vote, TO Gil or hold any ofics-eithsr
by election or sppointmsnt-the 4th
seciion OF the 4,h article says: NO per.
son except citizens entitled 70 vote
shall be elected or appointed to any
State. county or municipal Office" The
5, 6, ! and 5th section OF the same article
30 plainly provide for these two only
modes OF selection that il need only be
stated 70 be q, once admitted.
CONCLUDED To-noRRoW