The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-08-17

* nsGnths IN tie ferrsss-y sixsF alys
n the coanfY and fhirty days = tne
pre.rsncr next p-ece<5ng tae Gay g
slesfson. AMI roae other, sha4 BE en-
titled - Fote ~ any ezertsDn IN anis
territory Provided, shzt 10 ofsoer.
soses5er seaman. mariner. or azter
ner~os. n the arsay o. nzFy. or A.
tarkesa 30 trOUps IN the service CO
TIE rsaess -za.es, shall be allowed %
yrte a. any election IN this rsryst3yy
bv reason uf being On service shere1ns
,znfe.< aid territory -, and has e-e1
Tor the r,ey50d 81 six nonfhz, has pr
u,sreat dSrssefse. Provided, be Sss
: citizen Of tsis territory n the time
az his enlistment: and pr0Tfsess
further. that nothing In this act shall
se 80 construed a. % MAKE Il AEfns
for women % serve a. i1ror~-
In the construction Ok statutes CT
tssn rules bzFe obtained. wei coasid'
erred Ia many esses in different courts
and in text books % that eo1rt can
not he ns1zled II these rules are fes-
sozed Haman language being afst--
pablo 81 &iways Accurately expressing
the intenslof Ct the legislature, r.
c01rse i had 10 the customs As1d IA
stssuti0ns existing AZ the time Of the
e.sactmens 81 law II order thai the
actual intention Of the legislature may
Be ascertained. This t. not sins ply III
serpretafi0r. Interpretation etifers
from construction in this. that : i
asea for the purpose Of ssesrfsining
the trae sense Of any form Of words,
xflsIe construction involves the draw
ing OF conclusions regarding subjects
that are not Always Ine4ades IN the
direct expression
In all constitutional government
the poser Of government sre divided
or allotted 10 different ofieers or de
parSmenfs, and each cf these hiss BY
constitutional limitation certain pow
ers generally independent OF each
other ard usually involving the duty
OF Interpretation and often OF con-
struction upon each of the several de-
partme1ts OF officers who have the adj
rnini.trAtion Of the government in
charge. Constitutions have not a. a
rule provided for a tribunal whose spe-
eifsc dafy j. that OF solving difiicait
questions which may arise under II
prior TO the necessary solution result
ing from litigation. Frequently. but
not aiwavs. constitutions provide for
the taking advice of the Judiciary by
the legislature prior TO the enactment
Of a law. but in this territory no such
duty = devolved upon the courts and
the construction or Interpretation Of
statutes Is an after duty degeiying
upon them.
The executive department OF this
Territorial governments charged with
4
well a. the construction Of the powers
deyoiTing upon the executive by VII
tue Of the organic act a. vel as By the
acts Of the legislature. But as a rule
the construction and interpretation OF
the Laws arise after enactment.
ToiliastFate further the administers
ton oil public jnstice in this Territory
j. conferred upon the courts. and the
courts perform that duty By first as
esrtaining the facts in the case and
giving effect to their conclusions OF
fact by applying the laws To the fact-
ascertained. and In doing 50 con-
s,ruetion or Interpretation OF law j.
necessary. The right and poser OF
courts 10 DO this i so universal that
their conduct In that regard Is IN
questioned In performing this duty
a court, having the aid OF a long line
az decisions OF other courts which
have existed before them, and their
Interpretation and construction OF
similar statutes and constitutions
many Of those courts having superior
authority. and the decisions Of other
courts not having such superior
authority, but are Of similar jurisdic-
tion--their decisions being in the same
line and on similar qaestions of con-
ssruefion and Interpretation. have the
force Of argument and are OF persuasive
power: other courts Of the same juris.
diction resort 30 them for aid In the
Interpretation of laws III similar
character. Where Inferior courts con.
strus laws or constitutions. their de
eisions may he reverted by t1e court
Of last resort. a. in this Territory 4
decision OF this eourt nnay he reversed
by the supreme court 81 the | nited
state and lis decl i IN becomes authori
taiive.
In the state courts 4 long line Of de
eisions upon the same snbjeet-matter
continues 10 be followed, even though
the general sense thus given TO the
word. are not satisfactory TO the courts
OF later date.
The doctrine of stare deeisss Is ap-
plicahle in its full force within the ter.
ritorial jurisdiction OF the courts max.
ing such decisions. and this rule Is
usually followed because il is deemed
better "a follow that which is already
established rather than reopen ques.
ton and thereby disturb rights once
adjusted.
The construction Of statutes and
constitutions should be uniform and
nnYarying They should not be made
10 mean to-day one thing and another
thing tomorrow OF at any subsequent;
time. II the Interpretation or con
sfruefiou put upon IL hy the court Is
unsatisfactory. u i. in this country
IN the power Of the people 10 obyiats
the difficulty by q new constitution OF
an amendment thereto. OF By changing
statute. II j. for this purpose that
constitutions are made-that there
NAV be stability in the government
which thus furnishes the fundamental
law. thar VARYING moods OF public
opinion. ClamorS 81 the populaee or
even public sentiment shall not affect
the fundamental Law Of the land. AMI
thus leave us without any stable and
unohanging guide. An excited public
opinion i quite a. likely when the
pahiic passions or resentment % the
populace might carry the state out up
on SEA Of revolution with only passion
for a guide. Anexcited pnhtc opinion
il quite a. likely. indeed. history shows
more likely. 10 le in the line % oppres
sion than that Of liberty aud law and
equal facility. would become alike op-
pressiyc and uncomfortable
II is the duty Of court in oonstru.
ing statute te give effect to the In.
tent Of the legislature. even though in
doing 30 a seeming violence i done
10 some OF the words employed The
intent is the law no matter what form
OF words IL used in expressing that in
tent Primarily, that intent i to he
folnd in the words OF the Law itself
and the presumption attaches that the
language used will furnish conclusive
expression OF thai intent, Bus ex-
animation hy the courts often demon
strates the fact that men use words in
such manner aS would establish A rule
directly contrary or widely AZ variance
with the intent o. the law-nakSns
POWER. While the legislature should
he considered 10 mean what they have
said. and leave no room foF coatradic-
ton vet. growing out Of the subject
matter and facts existing AT the
TIME that the Law j. made. such
intention j. nct always ionnd in the
mere words used In all eases the en-
tire enactment upcn the same subject.
or upon others % similar character.
should he examined together in order
- ascertain the intent 81 tbs, iAN max