National Republican., 1874-05-29


ss to make all its parts hafrhonis u possible,
and TO giyo o sensible and intelligible effect TO
each; Il z not to be presansd that the Leglsla.
moaning. iPOtterfs Dsarris, Ii, iss.)
Another rule applicable here he states thus !.
IT 10 not permitted 70 interpret what has no
eeed OF Interpretation. Where an act is expressed
sa clear and precise terms, when tho sense 10
be no reason not 70 adopt the sense which It nat
uraiiy presents To 20 elsewhere in search Of
eonleotures IN order 10 restrain or extnguish ~
import Of wecds furnishes the general rule for the
Interpretation OF statutes. (lbid., Ha)
Now In the light Of these very plain and
universal rules Of Interpretation, place together
and read these two provisions, provisions
which ore connected directly together In sec
tiens'Sne and two. One Is that the four mil
lionsshaIl be expended sin conformity with the
plsn" as fully as practicable and consistent
with the public interest. And this is immedi-
.ssely followed with the provision that ''in no
:oase shall the said board enter into contract
for any work or Improvement the cost of which
shall exceed the amount estimated therefor in
its aforesaid plan less twenty per centum Of
said estimates"
Now read these IN the light of the three
maxims quoted, that no provisions of q
statute shall be ignored; that what needs no
construction shall not be Construed, tortured
or eluded, but receive their plain accepted
sense; and It seems absolutely impossible that
anything short of lack of integrity should be
able to escape from their unmistakablc and ex-
ceedinely explicit words. They require the
plan lobe followed as fully as practicable and
consistent with public interest. But in no case
shall q work or Improvement be contracted for,
the cost of which shall exceed twenty per cent.
of cfthe estimate. It is precisely as If It had
read with the word "provided" connecting tie
first and second sections. To say that the
words Sin no case shall the board enter into
contract" &C., means Sin no case except
where they think the public interest demands, !"
is simply to inject new and repugnant term
into the statute, and to completely reverse the
obvious sense, and to defy the express words of
the act. The act says, in no case. These gen.
tlemen say that means In "every case" we may
contract in excess of twenty per cent. of. The
act fixes exactly and explicitly twenty per cent.
as the amount of. The gentlemen say that
means five hundred per cent. added on the
estimates, If our discretion deem 1t best to add
1t on. o.
With precisely the same sense you may con-
strue' our usury acts, declaring it unlawful to
demand, in any case, In excess of six per cent.
interest, so as to read that five hundred. per
cent. may be demanded when the lender thinks
the public interest requires it.
The exact and obvious effect of both these
provisions is given to them when you interpret
them to mean and read just as they read,
namely, that Gas fully as practicable" and
consistent with the public interest" the plan
shall be followed, but in "no case" shall a
work be contracted for TO cost over twenty per
cent off the estimate for that work, in the
plan. That's, whatever departures from the
plan may be decided TO be required by public
interest, they shall not involve q contract for
"auy work" in '"any case" in excess of twenty
per cent; of the estimate for that work in the
plan. This permits 'every part of the statute
to stand and to have its accepted sense"
That rule of Lord Bacon, which forbids words
which are "precise" from being "restrsined"
of their "precise" sense, is also Of conclusive
application here. The words here employed
which are "precise" are, among others, the
words Sin no case" 1t is simply mockery of
the text of the law to say these words moan
Sin no case"-except "all cases." And yet
that is the "precise" Interpretation this board
has given these words, for in 4'all cases" they
have disregarded these words. Also tne words
'1ess twenty per centum" are "prech e" words.
To say that an act limiting tax two mills may
be construed to mean four mills; or one en-
powering commissioners to contract for works,
without vote of the people, provided its cost
does not exceed fifty thousand dollars, means
six thousand; or the making the legal rate of
interest six per cent. means seven per cent, is
of course, sheer defiance, and not construction,
Of the law. But ! affirm that there are no
more fragrant acts of violence against the let
,er of the law than what has happened in
iealing with the "precise" words of this act,
which say that din no case" shall any work be
for costing above twenty per cent.
of of q named amount, and which this board
las made TO mean that "in no case shall any
work be contracted for which shall not cost
rom one to five hundred per cent. in excess of
aid twenty per cent. off of the named amount"
doRE GENERAL VIEWS OF THE LIMITATIONS
UPON CREATING DEBTS.
1t is difficult to add to the conclusiyeness of
he views now presented of the absolute wan
onness Of this boards lawless career in Gre
ting these public debts. But the gravity of
his part of the case demands q further analy-
Is, in other views, of this assertion and exer-
iseof power to assess and tax people, even
o determination, provided this boards sense
4 the "public interest" requires It. In
Teighing this transaction let the committee
arefully group together all the elements
fecting it. Here Is board of mere minis
erial officers. They are not appointed or
lected BY the people. They are neither an
werable TO nor removable by the people. For
hese reasons and others the organic act and
rst laws of the Assembly carefully surrounded
hem with prohibitory laws. All contracts
must be written, signed, and deposited. All
must be made "pursuing" the directions of
xisting appropriations. They must pursue,
s near as practicable, given plan, but must
ever exceed twenty per cent. of of q named
mount. And then this board had solemnly
nd officially pledged that designated system |
4 improvement should be made; that 1t should |
ost o designated amount; that no contract |
hould be made that did not fix, in advance, |
be cost Of the work, and that this was so fixed |
1 the law that even the Legislature could add |
no extra compensation" And then, to these |
lcts add this one, that the power now asserted |
nd so ruthlessly exercised by this board Is the |
over to contract, according to their sense of |
ne public interest, for Improvements not
inted at In any law, to extents which, II they |
D please, shall sweep out of existence an |
ntire people, and shall mortgage over the |
states with assessments and taxes. And this !
obstruction and this exercise of power by this |
oard is claimed as derived from an act which |
yer receives the strictest construction against |
of power, because one taking away
he citizens property. (Dwarris, 145; Hill,
!. T., 431; Denis, 332.)
And, sirs, II is in the presence of such facts
these we have here to-day the spectacle of
oard Of mere appointees and executors de-
landing and exercising the power to originate
stems Of Improvement" dreamed of In no
w nor brain but their own-eosting already
yenty millions-created In largo degree
ithout estimates Of cost, without contracts
gaed, without guarantees for completion;
ade at prices impudently excessive and viola
We of express law; given out without public
'mpetition; gorging, with the taxes wrung
ON the people, the pockets OF the chosen and
vorite contractors or other retainers, and all
lis TO such an extent that, If carried out to the
'mpletion of the entire District, the public
lrdens assessed by this mere board cannot fall
lort Of the ninety millions, the full assessed
llue Of the property of the District. And all
lis Is to be legaliZed by Q profound construc-
on of an act appropriating four millions, and
that no contract shall in any case
, made for aIy work or improvement, the
'st Of which shall exceed "twenty per cent"
of plan which was to complete the system
nbracing tne entire District at an outlay of
!, ,537, ,S97. And this audacious usurpation
Is been persisted in year after year, and, as
e shall presently see, In the teeth and def
ice of act after act of the Congress seeking to
rest IL. And 1t now comes to the present II
ongress Haunting its amazing "constructions"
its power in the face of this committee and
the country. / declare to you, gentlemen,
at such an example of vulgar but audacic US
ranpy and usurpation insults and disgraces
other capital or country save our own.
THE EXTENT OF THE DISTRICT DEBT.
] now turn to the matter of the Indebtedness
this District, and inquire whether its present
agnitude has been reached in o culpable
olation of law.
The Congress, having discovered, at the date
Sth May, 1872, that the solicitude indicated
: the provisions of the organic act 70 defend
% District against debt and its people against
'pressive taxation was likely to be Intellectual,
Issed the 7th section of the act of that date,
q U. 8. Stat, s., int the sewords: "The debt