The news and herald. (Winnsboro, S.C.) 1877-1900, 1877-02-08

first and fundamental rule in rela-
ton to the Interpretation Of all in
strumcnts applies to the constitu-
tion-that is, to construe them ac-
cording to the sense Of the terms
and the intention of the parties ;
"tho context, the subject matter,
the effects aa,0 consequences, or the
reason and spirit Of the laao. "
! (Story on the Constitution, section
399.)
The central idea of the Constitu-
ton is the sovereignty OF tho peo-
pie, and any Interpretation. Con
tradicting this is improper. The posi-
ton that tho Court is called on to
combat is that aitor the people have
expressed their choice of Chief
Magistrate by their ballots, even
though the electors sh o4ld be unan-
imous in their choice, one branch of
the Legislature, and that the less
popular and numerous, should have
the power Of anr..,lling that choice
| by merely abstaining from being
present at it's annunciation. Such
an Interpretation Of the Constitution
ought not to receive judicial
sanction, unless it follows inevitably
from the plain words and manifest
intent of the instrument.
That illustrous jurist, Chief JUS
tice Marshall, said in delivering the
opinion of the Supreme Court Of the
United States in the case of tho
United States vs. Fisher Ga Granch
SOY:
"That the consequences are to be
considered in cXpounding laws
where the intent is doubtful is a
principle not to he controvcrted.
Where rights are infringed, where
Fundamental principles arc over
thrown, where the general system of
the laws is departed from, the legis-
lative intention must be expressed
with irresietible clcarress to induce
a court of justice to suppose q
design to effect such objects"
In accordance with this the Court
must hold that the clause of the
constitution that says "the Speaker
shall open and publish the returns
in the presence Of both ko4ses' is
simply directory, and the voluntary
and willful absence of the Senate did
not invalidate such publication.
Lord Manslicld's rule for determin-
ing whether provision of statute
's to be deemed mandatory has here
q striking exompliGcation. His
Lordship aaid i'll tho celebrated case
Of i{ex Is. Locksdale, q Burrows,
*. b.. 4473 "Whether the provis-
ion of the statute is to be consider
cd mandatory or not depends UPON
whether that which waa directed to
be done was or was not Of tho
cssenco of the thing required"
Ths Court of Appeals of New
York announced 1T as a settled rule
of construction, Peoplo Us. Cook,
8 N. Y.,) that "statutes directing
the Ilode of proceeding by public
officers are directory, and are not
regarded as essential to tho validity
Of the proceedings themselves,
unless it be SO declared in tho
statute.
The provisions. of law which are
merely directory are not to be con-
strued into conditions precedent.
(Whitney cs. Ell. mot, l Baldwin's
United States Reports, 303)
The provision Of the city charter
of New York that every person ap-
pointed to Office under the city gov.
eminent shall take the oath of office
before the Mayor was held
to be merely directory if
it cannot be so taken, it may be al
ministercd by some other officer.
(Canitf as. the Mayor, &c, 4 T.. D.
Smith, 1907
THE TITLE TO THE OFFICE
is derived from tho election. The
publication by the Speaker is but
the formal notice to the person
elected, and to both houses and to
the public of the fact Of such elec
ton. The ltYo houses do not act
"both together" in tho matter of
opening and publishing the returns,
but are present as nero auditors.
Tho constitution declares that the
Speaker shall open and publish tho
returns. They are delivered to him
bv the Secretary of State, and at no
time are they in tho custody of
either house. Upon Che Sneaker