Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1884-03-14
The Exemption Law.
Judge Greene Renders a DecisiOn Cpu
Legislature Measure,


Judge Greene Renders n DecIsion Upon
Legislature Measure,
Following is the full text OF the
decision of Judge Greene at Port
Townsend, in the case of Jackman
w. Wynn, wherein he considers at
length aud definitely pronounces
upon the enactment of the late leg
isiature amendatory of the exemp-
ton law
Defendants, in ar affirmative de-
Tense. claim the exemption of GER
property property they describe.
They claim the exemption by
virtue Of the provisions Of Section
3i7 OF oar Code. as enacted by the
legislature of 1881.
But plaintiffs contend that the sec
ton named has been so changed by
our last legislature that no exempt
ION whatever can now be had under
1t. They make no other point on
the demurrer, and concede that if
they are wrong in this, the decision
must be against them.
The change in the law is supposed
20 have been wrought by an act, ap-
proved November %, 1888 entitled
An Act to amend Section 347 of
the Code Of Washington" the first
and material section of which is
"a follows:
" Section l. BE it enacted by the
Legislative assembly of the Territory
OF Washington, that Section 347 of
tho Code of Washington. 1881, be
amended TO read as follows: To a
teamster or a drayman engaged in
that business for the support of
himself or family, his team, con-
slsiing OF one span of horses, mules
or oxen, or horse and mule,
with harness, one wagon, truck, cart
or dray."
Now, when legislature passes a
bill, it intends thereby to do some
thing. What in any instance it has
done is to be gathered from what it
intended to do, and that is to be
collected from the language it en-
ploys md fiom the relation the Ian
Suage bears to previously existing
law. Both by title aud enactins
clause Of this act of 1883 the legis-
lature has Enthusiastically declared
that its intention was, not to repeal
anything, but to amend something.
But II, as plaintiffs insist, the read
lug which the act provides were to
be substituted for the entire section
347. then there would be, not al
amendment, but repeal. For the
new reading, being in structure @
dependent and qualifying clause
would stand alone and be senseless
having no principal clause on which
to depend. And 10 substitute sucl
senseless clause for the sensible
s,c:ion 347, would be to substitu.
nothing for something, and be il
effect, a repeal Of the section.
BY the amendatory act it is no
said that section 347 shall be Sc
amended 80 as to read IN its en-
trety, as follows" but it is said i
shall be amended so as to read a.
follows" In what part is it so t.
read? Or. is it SO 10 read as to tn
whole? Manifestly not as to tn
whole, for that would work O repeal
contrary to the tenor and cviden
spirit of the act. Therefore, is it S,
to read as to some part. AS to VIVA
part? Why, Of course, as to tina
part for which it would be natural
fitting and sensible substitute,
there be any such; and that there i
such is TO be presumed until a dill
gent examination has demonstrate.
there is not. Referring to Section
BAT We find, on o more casual in
spection, that the amendatory read
ing is an apt and more appropriate
substitute for the twelfth subdivision
Of the section. Carefully scannin.
that subdivision, and comparing j
with the preceding subdivision, W
discover further that Transfers ex
emption IVES liable to be consider
ably in excess of what others coul(
claim, aud that in order to equaliz
things and give symmetry and fair
ness to the schedule, just such a sub
stitute was required.
There can Demo reasonable ques
ton, then, it seems to me, as to tn
intent OF the legislature. Anybod,
OF any sense, who is not o lawyer o
Judge, can tell at glance what tina
intent is. When q man becomes
lawyer he does not have to lose hi
wits, nor does judge have to he
fool. / desire never to he one O
those judges who, when they discov
er in legislative proceedings cler
ical mistake, inndvertence or blum
der. will push it to extremity and t,
give to an unhappy effort at expires
sion n sense and power palpabl,
never intended, and permit th
awkwardness of n phrase to worl
IuIn and desOlutiOn for the moor.