The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-04-09

meaning and carries out the object OF the
Jaw. although II be agatnst the letter an"
grammatical construction ot the AcL.-C'0-
On V. Dive g.. and IN. y. 1O.
The intention Of n statute must DE &c
luced from the whole. and every pHfl OF =
taken and compared together iGrahu
Gulf R'k V Archer s. and IN, 1871. Green
V Weller 3 Geo, $50
a statute should not receive such 4 con-
.truction as would render any of It's provi-
sions vain and useless ~ Martin rs OBI
an 8 Geo. 81
forced or the wrong % be- redressed must
be- looked at to see what was the Intention
Of the Legislature.
Consuming this statute and the two provi-
soes 10 section 3 by the well known rules,
and looking to the wrong or evil TO be cor
rected il is evident that il was the intention
of the Legislature I'm the passage OF thl> Ia"
10 correct the evil. winch then exist a. 70
forbid the doing OF that winch before lt
was lawful To. do to-wit: To punt as An
appendix to the Senate and House Jour ais
sh,. reports OF State officers and the super
intendpnts OF the charitable INSTITUTIONS
To prevent this, we saw. was thr object OF inc
lst proviso to section 3 /; the object OF the 2
proviSo being TO prevent altogether tine
printing of anything whatever a an appen-
dix TO the journal unless first allowed
(permitted) by the Governor To place lht
q. her instruction on section D OF tue act ana
It's provisions would be in direct violation
of an the known rules of construction, ana
ender nu.atory the first proYiso. Tor one
part of IA statute must not bc construct 50
- TO render void another portio1. more
.sDeciallv as in this case, when the TWO pro-
yisoes can be so classified and made to harm
onize
Notwithstanding these provisions OF the
law. and in direct opposition to them, KIM
ba RAJ mond Il Co, as Public Primers,
did print n an appendix 70 the Journals OF
1873. the various reports forbidden 10 Dc
printed by the law. lie Ia claimed by sald
company, it is very true, that the WORK Wa
done under contract with GOV Powers, (ot
This however, there was no PROOF adduced
before the committee save the eX pafte stale
meut of Mr.. Raymoud.) by virtue OF second
proviso To section alluded to- In Tie sc
ton said second pToVsO Cid not authorize
the Governor 10 contract for said printing,
but on the contrary such printing ~ as pos
lively iuterdicted by the first proviS1
lie cannot be successfully contended th1t
this com pany is entitled To TINS claim "t @i3
900 from the Safe by virtue 81 Ihclf contract
with Governor Powers. Tor two reasons:
l. The Governor was not only NOT author
lied To make said contract, but was BY law
positively prohibited from doing 50; ana
apaiu while the state i responsible for tHe
acts of its agents within the scope OF the
agency. as are all other partle-. Yet the = are
is no more bound Icy the acts ct its agent,
than is AN individual IAN agent has pow
er 10 bind the principal only within the scope
%
Isl; 6 How, 2l7; 8 :. and M, 476; - ,. aud
VI 1882 .
Co knew ofths law, with The pr"Fisos %
section , aud il they chose 10 contract Win
the Governor, with a full knowledge OF Tie
law they should abide the legal cou>e-
ouepces of their act IL they choose To
make It void contract with the state they
should reap no be teiit under II.
, Again: lie is admitten by AIM blll,
RAYMOND q Co . that Governor 20 Ners lie
mes that he made any contract with them
or authorized them % do the WORK. WIN
out he an hority IF the Governor, II l. not
even contended by kimball, RaS inoud " 90,
that they had authority g" do tie work, or
that they should receive pay Tor a.
Thus is an issue presented between the
State Printers and Governor Powers L" tie
eide which, in our opiui 81, would b" au
usurpation on the part OF the legislature ot
the rights Of the courts ana Juiie- oI lhc
country
iii. also admitted by the benofciaries in
this hill that there is suit now pending ih
one of the courts Of this state between the
State OF Mississippi and themselves, respec-
ting this claim OF theirs for $4,000 our
government is divided into three great cH-
ordinate departmeAts-the Executive, Leg
islative and Judicial And so happily y our
great system arranged that II the provisions
of our Consti ution and the theory OF our
Government is observed, that the duties ol
none of these departments VIII conflict nor
either uSurp the powers fplltiith upon
the other Hence we think the power OF
the Legislature to Pnactan law by which "a
penuing suit shall be dismissed. (thus inl-
pairing the obligation of contracts, or at
least interltri ring with the rights guaranteed
to both the State ard each iudivi lual citizen
thereof and violatingthat constitutional pro-
vision applicable alike To the people aud the
State That courts shall be open, add ev-
cry person. for an injury done him Ia his
lands, goods. person or reputation. shall
have remedy by due course of law aud jus
tice administered without said druial") j.
ofdoubtful constitutional authority And
waving the right of the Legislature q pass
The bill and preteTmitting ali question:
arising hereunder, we sincerely believe
that the precedent which would be set
by the passage of this bill would be dan
yerous and engender n syst-m OF legi-la-
ton which it should be the duty o. all good
servants Of the people to avoid.
If kimball. Raymond a. Co are entitled
to this money, il is a reflection on the intel
ligence and Integrity OF the Judiciary of
this State to act in the premises II they
are not, and we humbly conceive they are
not. then the Legislature nor the courts
should give iC to them
Respectfully submitted
NJ