The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1884-03-27
Judge Greene's Decision Oh the Ex-
emptiOn Law.


The following is the full text of the
decision of Judge Greene at Port Town
send, in the case of Jackman VS.. Wynn,
wherein he considers at length and
definitely proneunces upon the enact
ment of the late Legislature amenda-
tory of the exemption law:
Defendants, in an affirmative de-
tense, claim the exemption of certain
property they describe. They claim the
exemption, by virtue eff the provisions
of section 347 of our 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 eXemp-
tion whatever can now be had under
it. They make no other point upon
the demurrer and concede that if they
are wrong in this, the decision must
be against them.
The change in the law is supposed
to have been wrought by an act, ap-
proved November %, 1883, entitled
"An Act to amend Section 347 of the
Code of Washington the first and
material section of which is as
follows;
"Section l. Be it enacted by the
Legislative Assembly of the Territory
of Washington, that Section, 81 of
the Code of Washington, 1851, be
amended to read as follows: 70 a
teamster or drayman engaged in that
business for the support of himself or
family, his team, consisting of one
span of horses, mules or oxen, or Il
horse and mule, with harness, one
wagon, truck cart or dray."
Now, when IA legislature passes a
bill it intends thereby to do something.
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 employs and dfrom the rela-
tion the language bears to previously
existing law. Both by title and enac-
! ing clause of this act of 1883 the Lcgis-
lature has Enthusiastically declared
that its intention was, not to repeal
anything, but to amend something.
But if, as plaintiffs insist, the reading
which the act provides were to be
substituted for the entire section 81,
then there would be, not an amend
ment, but repeat. For the new read
ing, being in structure dependent
and qualifying clause, would stand
alone and be senseless, having no
principal cause on which to depend.
| And to substitute such senseless
| clause for the sensible section 347
would be to substitute nothing for
something, and be in effect a repeal of
| that section.
BY the amendatory act it is not said
that section 81 shall be so amended
$50 as to read in its entirety, rs fol-
| lows" but it is said it shall be
dmended $50 as to read as follows" In
what part is it so to read? Or, is it so
read rs to the whole? Manifestly not
as to the whole, for that would work Il
| repeal, contrary to the tenor and
evident spirit of the act. Therefore,
it is so to read as to some part. AS to
what part? Why, of course, as to that
part for which it would be natural,
| fitting and sensible substitute, if there
be any such; and that there is such is
| to be presumed until deligent exam
ination has demonstrated there is not.
Referring to Sec. 3l7 we find, on a
more casual inspection, that the
amendatory reading is an apt and
most appropriate substitute for the
| Twelfth subdivision of the section.
Carefully scanning that subdivision,
and comparing it with the preceding
subdivisions, we discover futher that
Il teamster's exemption was liable to
be considerably in excess of what
others could claim, and that in order
to equalize things and give symmetry
and fairness to the schedule, just such
a substitute was required.
There can be unreasonable question,
then, ii seems to me, rs to the intent
of the legislature. Anybody of any
sense, who is not lawyer or judge,
can tell at a glance what that intent is.
When man becomes n lawyer he
does not lose his wits, nor does a
Judge have to be fool. | desire never
to be one of those Judges who, when
they discover in legislative proceed
ings a clerical mistake, inadvertance
or blunder, will push it to extremity
and give to an unhappy effort at eN-
preston sense and power palpably
never intended, and permit the awk-
wardness of phrase TO work ruin and
desolation for the poor.
Demurrer overruled.