Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-10-02
THE RUTLAND HERALD
canoNs OF CONSTRUCTION.


There appears to be considerable dis
cussion going on among the people and
newspapers, as to whether people and
courts have right to vary the reading
of rules laid down for their guidance,
when by reason of interest or prejudice
they may consider that the rules are i'm
polite and wrong. The laws of State,
whether enacted by legislative body,
established by decision of courts as a
part of the common law, or a necessary
result Of long established and universal
custom, are always binding upon the
subject as a matter of duty, and every
attempt TO vary their meaning by con-
struction, and destroy their force by
sophistry, is unpatriotic and criminal.
1t may do for theologians to twist the
texts of revelation, to make them accord
with particular church creeds or ordi-
nanccs, but in the practicalTpaths of
law and science, there are no creeds to
be sustained, nor foggy doctrines to be
adhered to, that need to hide the sub
stance of the rules established for the
direction and guidance of the people.
We never understood for a moment
that cur friend, Judge Joseph Potter of
Whitehall, owed his position as Judge
Of the Supreme Court for the Fourth
District in New York, to any stretch OF
the part of the Court of Appeals of any
part of the State Constitution. Certain,
ly the Court of Appeals nowhere init
mate that they are making any 'stretch'
of any part, and there is no possible
construction of any clause of the amend
ment under which Judge Potter was
elected, that would make the person APP
pointed to fill the vacancy caused by the
resignation of Judge Rosekrans, Judge
for the full term for which Potter was
elected. And the only claim made by
Judge Jackson, who was appointed by
the Governor to the vacancy caused by
the resignation of Rosekrans, was that
he should hold the office until December
81, 1872. This claim was founded under
a clause of the 9th Section of the 6tl
Article of the New York Cons titution
which provides, that "When vacancy
shall occur, otherwise than by the ex.
piration of term, in the Office of Judge
of the Supreme Court, the same shall be
filed for full term fourteen years. al
the next general election, happening
not less than three months after
such vacancy occurs and unit
any vacancy shall be so filled, the Gov.
ernor, by, and with, the advice and con.
sent of the Senate, when in session, and
If not in session, the Governor may APP.
point to fill such vacancy. Any such
appointment shall continue until, and,
including the last day, of December next
after the election, at which the vacancy
shall occur"
The term Of office of Judge Rose
krans, expired on the 31st of December
1871, he resigned Nov. 6, 1871. That
resignation created vacancy in the
office, and the appointment of Judge
Jackson filed that vacancy for the re-
mainder of that term. Judge Potter
was not elected to that vacancy, but for
q full term of fourteen years to com
mence January l, 1872. The natural
and common sense construction of this
clause and every other clause of the
constitution, was to confine this appoint
ment of Jackson to the vacancy to which
he was appointed. and not to extend the
vacancy year that he couldfill a longer
vacancy than really existed. We depre-
cate hasty legislation, and would like to
see the arguments against it inforced by
illustrations that would convince the
people that there was danger in all
special enactments and hasty passing of
bills. But we do not see the force of
using the careful and deliberately dis
cussed sixth article of the New York
constitution, as an instance of hasty
legislation. This article was prepared
by q committee, approved by conven-
vention, and voted on direct by the
people, and the Court of Appeals after
careful consideration of the constitution,
and the ordinary rules of construction,
held in an elaborate opinion de-
livered by Judge Folger that they would
not stretch point, but that by law
Joseph Potter is a legal and constitu-
tional justice of the Supreme Court for
the fourth judicial district.
If there are discrepancies and contra
dictions between the different clauses of
law, or of a contract, the whole in
strument will be looked into to find the
general intention of the Legislature, or
the parties, and when that intent is dis
covered the common sense construction
Is to make that intention prevail, and if
all parts cannot stand together by reason
of their consistency, then that must fail
which is in conflict with the general in
tent. There is a great deal of uncer-
tainty ingrafted upon the laws of every
State, and the people should demand a
reform, by sending TO the Legislature
sound men, of common sense and ener-
gy, who will not allow an unnecessary
law TO be passed, of any kind, whether
special or general. We suffer badly
from hasty ana uncertain legislation, but
more from a superabundance of statute
enactments. We want our laws more
certain, and great many less of them.
Vermont BAPTIST State.Ccnvention