The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-12-22
THE LAW.
Conclusion Of the Review Of Judge
Wade's Decision.
Independent, December l6.

..l Independent, december 10.
We have heretofore demonstrated
from the plain language of the print
ing law that it provided for the re
newal of contracts at intervals, o.
every two years. We have seen. too
that u own Supreme Court, In the
case of Voolfolk vs.. Woolman, had
SO construed the law and decided
that:
"The intention OF the Legislature IN
endcting the statute providing for thu
public printing was to reQnire the per-
son contracting under the act at stat.
ed Intervals to reneW his contract v
This decision, made in January
last by the Supreme Court, is reversed
in November by the Chief Justice OF
the Court, whe new holds that the
law does not contemplate a renewal
of printing contracts, but ''simply
provides for making ,one contract,
and only one"
The only question Is. was the court
correct in January or November-the
date of its last decision. AS Judge
Wade himself conceded that 1.-The
Legislature intended to provide tor
all the printing required to be done
by the statute not only for the period
of two years, but for all future years."
we have not felt it necessary to prove
such intention by a reference to the
plain provisions of the statute. For
instance, section 957 provides that the
public printer shall publish the laws
within sixty days after the adjourn
nent of each Legislative assembly,"
AS u Legislatures only meet every
two years, the requirement that the
public printer shall publish the laws
within sixty days after the adjourn
ment Of each legislative assembly,"
clearly showed that the Legislature
intended to provide for all printing
required to be done by statute not
only for the period Of two years, but
for all future years." as conceded by
Judge Wade.
But subsequent Legislatures in
Montana have not left the question
OF. the continued validity of the
printing law in doubt. 1t has been
treated by both Republicans and
Democrats in each succeeding Legis-
AUtO1C OlASO XCtO Nd al CAiSLluk -
permanent law. At about every SEES
sion Of the Legislature since then, a
bill has been introduced by some Re-
publican politician to repeal the
printing law, which has alwaya led
to more o r less agitation
and discussion. If, as claimed
by Judge Wade, the printing law
has been dead all these Years since
1873. it has certainly been a very liye-
ly corpse. Not only have bills been
introduced to repeal the law, but va
rious legislatures have made appro-
priations to carry out its provisions.
such as bills to provide for the pur-
chase of types for marks and brands.
Even the courts have from time to
time recognized the law as operative.
In evidence of this we again refer to
the recent decision of our Supreme
Court in the case Of Voolfolk, Nc
Quad & LaCroix vs.. Joseph z.
WOolman some two years ago, in
which that officer was required by
Judge Wade. in an action of man
damus, to pay owe some $500 TO the
public printers for work done under
the Jaw. The chief executives of the
Territory have also in divers ways re-
peatedly recognized the printing law,
such as by making contracts with va
rious newspapers for the printing of
the laws Of the different counties. 1t
is fair then to say that for the past
seven years the validity of the print
ing law has been recognized by all
departments of the Territorial gov
eminent, both legislative, executive
and judicial. This general recogni-
tion is conceded to give the highest
sanction to the validity of a law by
all authorities upon the subject.
Judge Wade has himselfrecegnized
the high character of such general
sanction. In the case of Fisk VS..
Cuthbert (2nd Montana, Rep. 1881
the Supreme Court consisting of
Wade, Knowles and Blake, delivered
a unanimous opinion in which they
cOllate a number of authorities upon
this very question. The following
quotation from the opinion plainly
shows how the court stood at that
time upon the printing law.
1.-The practical discussion given to
act by the public officers of a state
is not to be overlooked and perhaps
should be regarded as decisive in a
cas- of doubt or when the error Is not
plain."-UniOn l Co. VS.. Hoge q
How ~. s. &C.. Sedg. stat. and court
law (2nd) 227.
The general understanding of a
u1v, and q constant practice under it
'or Il tong period by the officers mho
u'eyc authorized to execute 1t, aUhich
haze not been questioned By any suits
IN the courts, ought to be gerry strong
u not conclusive evidence Of its true
meaning and OBSERVATION-DISCLOSURES
VS.. Childs. 10 Wis, 663.
Where infinite mischief would en-
sue if the Court in the construction
of a statute should adopt a different
rule from that which has been estab-
lished, the construction which would
otherwise be put upon the act WW
not be enforced, and Courts will &C.
cept the construction (Which is uni |
reTsuliy received and has tong been
On.-Vanloon VS.. Lyon, 4th
i)aiy On. w. l49.
The cOnteOlpor0neOns construction
Of u statute by the Legislature is Of
hiyh duthOrity.-Pbil. II. Co. VS.. j!
Catawissa r. Co., SO Penn. ST., so.
We can refer to the history OF the
Territory to ascertain the proper !
Interpretation of a law.-Carpenter
vs.. Rodgers l, Montana so"
1t is difficult to conceive how 4 |
court that had any respect for its own
decisions, Ur for established prece-
dent, could, in the face. of such W.
lhorities, attempt to blot out a law
that had been universally recognized !
aud acted uion by all departments of
the Territorial Government since
1876.
But the Legislature has not left the
printing law open to judicial con.
On the 18th day Of Janu-
ary, 1851. the 18th Legislative AS
of Montana adopted the
present revised statutes. AS will be
seen upon the title page, it is entitled
AN Act to Arrange and COdify the
General Lars of the TERRITORY OF
in Force ut the Expiration
n the Eleventh Regular Session Of
me Legislative Asscna6y on tie 21st
Day Of February, Il. d. 1879"
Among these general laws thus
by the Legislature was the
printing law. Judge Wade asserts
that the printing law became a null
lily on the 2lst of January, 1878; the