Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-04-06

Identification, for it Is rule OF universal april
cation that effect must be given 10 the words
used by the Legislature where there IS no un'
certainty or ambiguity in their meaolng. :,
| Now, The words used 10 the act we arc calico
upon to c0ustruo are as broad, explicit, aoa
| comprehensive as any terms which could posi-
| bIv be used The act declares that coupons
shall be receivable at and after maturity for ALL
TAXES, DEBTS. DUES AND DEMANDS DUE THE
STATE =" Is there any uncertainty or ambigui
~ in these terms? They all have a ceralo
definite. explicit, and technical meaning. We
cannot discard any one OF them as uumcaolDe
and surplusage, but must, according to the
rules of construction which bind the courts,
| 0ire effect to all. We must suppose the Legs
lsture knew tho ordinary meaning and lega'
foroe of the words which they used. 1t the
nroyison of the act had been that these cnu
mons should be receivable 'for all tares and
debts due the State there might be s)me room
| for doubt whether fines were embraced, fer al
Though fines are r. recoverable by action OF debt
and in certain sense fine is a debt due Lut
State. vet it might be said with much toice, Ii
not coDclusively, that the word debt ref, rs to
matters Of contract, and that therefore hne IS
not embraced in the meaning OF the sta'u'e u
this ,rd debt But the words DUES AND DE
MANDs are added. Shall We give no effect TO
these words OF explicit meaning. Can we take
the liberty OF striking these words out OF the
statute? II we Gao, the then courts may over
ride the powers Of the Legislature and consru"
away any act it may pass. These words dues
and demands are not Uncertain and ambiguous,
but have certain defote and explicit m"ao
ioy. The word due" is deGoed by Webster
| TO be THAT which is owed, THAT which Gus
tom. station or law requires to be PAID; aus
| Worster, that which any nne has right IL
demand. claim, or possess, Thar when CAL
instly be required" The word demand is
word Of still larger Sgn6 ,aUce AUD mvre com
prehensive meanog. ludeed Lord Coke s'ts
The word demand is the largest word 10 law *
cent claim. [u 9 C"ke 1000 L!uletcn. 29l
b., he SAYS :-"Demaadum is word of ar..
and 10 the Understanding OF the comnon
law is of so large * tnt So M other
word 10 the Law is upess 1t De- cldanaanl
whereof Littletoo makcth mention. oec;i.-
AS. Webster deGoes demanded '-''the
asking or seeking what is due or claimed TO b.
due" and Worcester, "a calling for thug Gu
or claimed to be due" No words Of more x
pcit or broader Specification c0u'd hav ho .
Used than these Two words 'dueS amt dc
D,ands." We cannot discard the III, but u,u,
give them eff ct D. they embrace 6ucs? |
am bound by every RUE of construction to say
they do. 4 fine is something which the law
REQUIRES to be paii," and tina. is the meaning
of The word dues"
A foe is thing due or claimed to be due"
to the State-a liability which the State has
right to enforce and demand-lud that is the
meauiog of the word demand" [ am there
fore OF opinion that fines ARE CLEARLY embraced
Within the meaning aud the very W5r1s of the
statute. The Legislature has used words
which, by their explicit, comprehensive, and
uomisl akable meaning, embrace fines as we'll as
taxes aud debts II after using the words
dues and demands they bad intended 10
exclude fines, how easy it would have been to
have added the words except fnes' alter the
words dues and demands" But having used
these broad aud compre extensive terms, which
by their Common aud explicit meaning embrace
fines. and having used no words OF excepuon,
it follows upon every rule of construction that
fines are embraced 10 the terms dues and de.
mands.
This construction, which would seem to be
free from all doubt, if it rests upon the Ian
puape of the act, is tjscted to upon two
grounds
First. 1t IS incisted that foes arc imposed as
one Of the potent meaDs OF Furnishing Offences
against the law, and that the offender does not
satisfy the Judgment of the court if be pays 40
amount less than the fine assessed against him.
which he does if be may pay ID coupons lostead
of money (the coupons being At DISCOUNT
Ia answer to this view it is sufficient to remark
that the State has right to say, and has SAID,
J in the act of her Legislature under consldara'
ticn, how her demands against her cllzens
shall be satisfied, how the liabilities due to
her shall be discharged. 1t might with the
J same propriety and with equal force be argued
that debts and tares due the Commonwealth
| 4,,I, nv
pops, and yet this is done every day under the
statute law, sustained and enforced by ,iudg-
ment of this Court. But 10 point of fac the
judgment for a fine is discharged to ats full &C.
tent so far as the State IS concerned, because
the coupon represents The obligation OF the
State for the face value of the coupon.
Second. 1t ia objected that fines are dedlc,ted
by the Constitution, and by statute enacted in
pursuance thereof, to the literary fund for
school purposes, and if the act under consldela
ton embraces foes, to that extent it is uncon-
stiutional.
! Now, it is to be observed that neither the
Constitution nor any act passed 10 pursuance
thereof requires the collectors Of the puhl'c
revenues nor the Auditor to keep separate
and distinct each particular fine assessed
against offenders and pay it vver as c,Ilcclcd,
to the literary fund, but the requirement H.
upon fair construction, to turn over 10 inc lite
rary fund Ulatever amount may come into the
Treasury from the source Of fines. add dedicate
that amount to The purposes Indicated. ihis
same argument was pressed most vigorously 10
the case of AntoDi vs. Wright (supra,) aod was
answered, I think, successfully aud conclusive,
II by the lamented Judge BouIdio; and pre-
fer to adopt his views, SO clearly ADD ably put
rather than mar and weaken them by words or
views of my own. He says: But it Is argued
that the contract in this case il Void because II
IS repuguant to the 81 sccilun or the SIN ar
tclc and 3D. section OF he I0.b article OF tac
State CONSTITUTION, detiicalng csrlalo portions
| of the State revenue To the support OF free
schools. We thiuk rnere is 10 eucn COLLECT 10
the case. IL oDIy requires that the
obligations of succeeding Legislatures shall BE-
firmly met; that there snvuid be what the Gre
a,ion OF every uew debt imptralvey drmauus
to wit, an Increase of taxation if The exiS;'ug
Il