Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-03-09
JUDGE GREENEs DECISION on TEE
EXEMPTION LAW.

The following is the full text of the
decision Of Judge Greene At Port Town
send. in the case Of Jackman va. Wynn.
wherein he considers At length and
definitely pronounces upon the enact
msnt % the late Legislature amepda-
tory Of the exemption law;
Defendants. in an Affirmative de-
Tense, claim the exemption of certain
props rty they describe. They claim the
Exemption. By virtue of the provisions
Of section 347 Of our Code, as enact d
by ste Legislature Of ISL.
Bat plaintiffs contend that the section
named has been 80 changed by our last
Legislature that no exemption what
ever can now be bad under il. They
make no other point upon the demurrer
and concede that If they are wrong in
this. the decision must tie against them.
The change IN the law is suppose TO
have been wrought by an act, approved
November -. 1.S3. entitled An Act to
amend Section 47 of the Code Of Wash
lngton," the first and material section
of which Is As follows
"Sect!on | BE ii enacted by the Legis-
lative Assembly of the Territory Of
Washington. That Section 3i7 of tie
Code of Washington. 1881, be amended
to read "a follows: TO teamster ~
drayman engaged in that business for
the support Of himself or family. his
team. consisting of one span Of hors' ;
mules or oxen. or horse and mule. wit
harness, one wagon, truck. cart or dray.
Now, when legislature passes a bill
II Intends thereby TO do something
What in any instance it has done II Il
| be gathered from what II intended u
| do, and that Is to be collected from Tn.
| language 1T employs and from the rela
ton the language bears 10 prevlousi,
existing law. Both by title and enact
ing clause of this act of 1873 the Legls
| lature has Enthusiastically declared tina
| it's intention WAS. not to repeal any
thing, bat to amend something. BIT If
az plaintiffs insist, the reading which
| ths act provides were to be substituted
| tor the entire section a7, then thGr'
would be. not an amendment, but a re
peal. For the new reading, be ng II
structure a dependent and qualifyin,
| clause. would stand alone and be sense
less, having no principal ause oI
such senseless clause for the sensibl
section BAT would be to substitute
nothing for something, and be in effec
repeal Of the section.
BY the amendatory act It is got salt
that section BAT shall DO so amended
80 AS to read az It's entirety, as fol
lows but it is said it shall be amend
ed 80 as 10 read as follows" In wha
part il it so to read Or, is it SO t
read as to the whole? Manifestly no
AZ to the whole. for that would work
repeal, contrary to the tenor and eviden
spirit of the act. Therefore, it is so Il
read AS to some part. As to what part
Why, of course, AZ to that part 70
which it would be a natural, fitting ant
sensible substitute,hf there be any such
and that there is such is to be presume
until dIligent examination has deal
onstrated there is not. Referring to SET
AT We find, on q more casual lnspet
ton, that the amendatory reading 10 a
apt and most appropriate substitute fO
the twelfth subdivision of the section
Carefully scanning that subdivision
and comparing 1t with the precedln
subdivisions, We discover further that
Transfers exemption was liable to
considerably III excess of what Other
could claim. and that in order to equa
lie things and give symmetry and fai
ness to the schedule, Just such subst
tate was required.
There can be no reasonable question
then, II seems TO me, as to the intent I
the Legislature. Anybody of an
sense, who is not a lawyer or Judge. Ca
tell at a glance what that intent i
When a man becomes lawyer he do,
not have to lose his wits. nor does
Judge have to be fool. desire new,
To- DO one of those Judges who, whe
they discover in Legislative proc eedins
n clerical mistake, inadvertence or blul
der, will push 1t to extremity and VI,
to an unhappy effort at expression
sense and power palpably never il
tended, and permit the awkwardness ,
Il phrase To work ruin and desolatIo
for the poor.
Demurrer overruled.