National Republican., 1885-08-10


bility, If there be any, the scandal, IL
any such there is, inheres in that alIega.
tion that he knowingly did the act com.
planned Of.
The court at this point adjourned until
the next day at 1890 u. m.
THE ARGUMENT RESUMED.
Upon reassembling Mr.. Chandler re.
sumed his argument:
Mr.. PRESIDENT AND GENTLEMEN: When
the court adjourned last evening we were
talking about the allegations of knowl.
edge Of the accused touching the quality
Of his official acts. The allegations with
reference to that element of these charges
spread through all the charges; and in.
asmuch as | have @@not time to take up
each specific specification | call the at
tention Of the court to the fact that,
wherever his knowledge that the pro.
ceedings which he transacted we're irreg-
uiar or unauthorized is involved, there
Is no proof to support it. There is not
one word of evidence to support any
specification showing that Gen. Smith
did what he is alleged to have done
knowingly. That the acts he did he
did knowingly is beyond question, be.
cause he is gentleman Of intelligence;
but so far as that allegation imputes to
him any knowledge of wrong in doing
what he did, there is not the slightest
evidence to sustain it. And that ele.
ment being essential, and of the gravest
importance in every one Of these speci.
iications where it is employed, l insist
that where that element of the case alb.
solutely fails and disappears, the allega.
tions which are attendant upon it, which
hang upon it, which rely upon it for any
significance whatever, perish with it, go
down into one common grave with 1t,
and leave the specifications dismantled
and destroyed.
THE EXTENSION OF CONTRACTS.
Is there power to extend n contract?
l. is we'll understood rule of construc.
ton that where anything is implied in
the law, that which is implied is Just as
present in the law, and just as much q
part Of it, as though the implication were
written out in terms. Here is statute,
section $3.50, which provides for the
payment of reservations on extended
contracts. Itprovides for paying reserva.
tions on contracts where deliveries have
been extended beyond the time men.
|
vincible implication in that statute Z? 1t
is that contracts in the discretion of the
department may be extended. 1t is that
the time of delivery may be changed.
There is no better settled rule in juris.
prudence than that. Every statute takes
its place in the code subject to rules of
construction that prevail in the juris.
prudence of this country and in England
from which we get our laws. No statute
sets out the rules under which it is to be
construed. No code of procedure an.
nounces, and proclaims in terms, the
rules which control in the construction
of the statutes. But those rules being
permanent, being part of the settled
Jurisprudence of the country, never re.
pealed, constant in their operation and
application, operate when statute is
thrown out into the code of this country.
The statute feels the influence of and
yields to the influence Of these rules Of
construction precisely as the planet
yields to the influences Of others among
which it moves. So that the rule being
beyond dispute, no controversy existing
about it, that where there is an implied
/ quality in a law it is to be considered as
though it were expressed; this statute
, can have no operation on earth without
conceding the existence of the language
implied. There can be no payments Of
, reservations on an extended contract If
contract cannot be extended, There
, can be no payments for deliveries made
after the time, if such deliveries cannot
! be made. Therefore, when it provides
{ for those things, it, by the most unan.
swerable implication, declares that those
, things may be done which are provided
for when done.
But suppose that question is removed
, to the region of doubt, what Of it2 They
have put on three or four witnesses TO
, testify concerning the meaning Of the
/ word "extended," or the impression
| made on their mind by the use Of the
, word "extended," in these vouchers.
t In the first place such evidence is not
, proper. The court says in the case OF
t Gawler VS.. Hagmau, 20 Illinois, 43S,
. after citing large number of authorities
. which | will not read:
What tho tendency of the, words receive"
/, advantage" and rooster" was. was under
, the issue matter Of law. To in any manner
3 veyed an idea different from their natural die
tionary import, Is to leave to them question
6 of law.
1t was not proper for witnesses to
I, swear to the meaning of the word, but
they did swear to it, and want to meet
the government on its own ground. by
: having testimony introduced upon thai
=, subject, what do they admit? They
. admit that it is in doubt and is capable
i Of two constructions. They admit il
needs explanation, and they bring for
.. ward these men to explain 1t. Now sup
, pose that Ia so. What is tho law? In
? the case of Kent & Co. against the Bank
T 10 Bush, 500, the court say:
q The uniform language of our law Is tina
! whero an act is fairly susceptible of two con
} structions, one lawful and the other I'M lawful
0 that which is lawful should be preferred.
) That is in perfect consonance with th,
: charity and humanity Of our law. i
+, does not deal in suspicion. 1t does no
y deal in strained constructions. 1t doe
8 not hang u mans liberty, and his name
and his character upon the doubtful con
s struction Of word, lfthcre is doub
= about it, whether in law, or in fact, tha
n doubt Is always solved in favor Of tn
n accused. The law operates upon tn
}. hypothesis that men are honorable. !
d great majority Of the men in this worl
!. are honorable, and when question o
g doubt comes up, the fact of the universe
q prevalence Of honor in human nature
% in the esteem Of the law solves the doub
}. in favor of the man accused. So the
Il cannot win victory here by bringing thi
1t question into doubt. They have got t
h lit its construction out into the clea
10 light Of certainty.
r. There is another principle to which
d called the courts attention early in thi
1t case. 1t will be argued here as it ha
it been, that this court is committed I
n sopatbino hv raasnn of the overrnlin