The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-07-03
fwdssen Cor use =. e. Advcstisrr.l
The Divorce Law.

The communication in the Last number o. thm
paper under the above caption Is a carefully written
article. which quotes all oar ststutss relating 20 the
suhjeSA 80 fully that nothing need BE- added asaaA
for arwumen, on the question whether We now have
or are without . divorce Law.
The argument Of the writer may he stated thus
that by the Act Of 1870. which repealed The thea
exciting law Of divorce, the Intention Of the L~gisia-
,ure was not directed % ouch against the lay ana
vroayd. Of divorce provided by the Civil eide a.
sg,ins, the jurisdiction Of the Courts. or In other
words more publicity should be given 70 the proceed
inrs than had been given under the Civil Code
And that while the Ae, Of 1874 repeats that ofls1ps-
re, does not On terms revive the formerly repealed
provisions Of the Code. II was the intention OF the
Legislature without expressly naming the sections
formerly repealed that they should be revived and
have the aame force and effect as II never repeheo'
and that the general ~prosislcn In section ~ 'hatt hs
repeal Of any law shall not be construed to revive
! any other law which hiss been repealed. unless be
expressly so provided. does not cover this case be-
causc the phrase amy law would spPly only to
an entire statute and not to portions Of a Law. such
as particular sections Of the Code.
To first answer the las, ohieotlon by tho writer's
own argument for constituting by intention" what
must We suppose to be the meaning and iniehtion OF
! section 20 IL Il does not apply 90 q ease Ike thsf
Would not a very plain and OBVIOUS construction be
quite refined awsyr
We may admit that there Was q general WAX
among members Of the Legislature 60 abrogste the
very restrictive law Of 1870. and get back the easy
provisions which had prior been In forces but some
thing more than this known wish or intent Of q Leg
islative body Is necessary to make or revive q law.
There is a maxim-QuOd voiuii non dtrtf-uheh
applies TO instances when IL Ia believed q Legislature
has wished or intended to accomplish a certain end,
but has not No expressed IL. Let ms quote froHs
Dwarris on Statutes, n work Of the highest authority.
"As applied to the Construction OF 6tatates, the
doctrine is advisedly not enoanced in the terms CON-
monty employed (as TO deeds and eOrtrac,s) that the
intention must prevail For over what shall IL
be said the intention shall PREVAIL Over the declared
sense Of the LEGISLATURE The presumed meaning
over the expressed sense 2 Tint Is surely impossible.
The rule will IL is appreheaded be more COrrso,ly
stated in guarded terms That. effect shall be given
to the intention. whenever such intention can be In
bubitably ascertained by legal means
ain the exposition Of q statute the ~lnteHtion Of
the Legislature may be discovered FROM different
signs, but as a leading cluo TO construction 20 be
made, il is to be collected from the words used. And
Aiwhile, as before stated. IL Is n fundamental maxim
that effect ought TO be given 10 the intention and OBJ
ject Of the trainers. II must now DO added. In order
20 give such rule les full Specification. that Ia
must be such an intention ~ the Lcgislature has
used ct words 10 express" 49,
Although the spirit Of an Instrument says
Story. els to be regarded no iess than It's letter.
yet the spirit is TO be collected from the letter. IL
would be dangerous In the extreme TO infer from en-
trinsic circumstances, that a cass for which the words
expressly provide. shall be exempted from the opsr-
ton"
Much more might be quoted TO the same effect.
and IL is to be remembered that this is a legal ques-
ton, and TO be determined by legal authority"
But the Importance and interest Of the subject to the
community is practically slight, "a less than a year
remains Of the time when n new Legislature may
rectify the mistake committed by the Assembly Of
1874