Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-08-17

tie CCIcty and thirty d2T's Il the pre-
c:c:. -eY. preceding tbs day . e,ec-
ton, and 2on5 other, shall he entitled
to vote at any election in this Terri
tory; provided, that no officer, soldier,
seaman, mariner, OF other person in
the army or navy, or attached to troops !
in the services OF the United States,
shall be allowed to vote at any election !
in this Territory, by reason Of being
on service therein, unless said Terri !
tory is, ard has been for the period OF
six months, his permanent domiclle;
provided, he was L citizen Of this Ter
ritory at the time OF his enlistment,
and provided further, that nothing in
this act shall! be so construed as to
make it lawful for women to serve az
jurors"
In the construction of statutes GER
tain rules have obtained, well con-
Courts and in text books, So that a
Court cannot he misled If these rules
are followed.
Human language being incapable nj
always accurately expressing the inten-
tons OF the Legislature. recourse is
had to the customs and institutions
existing at the time OF the enactment
of Il law in order that the actual inten-
ton OF the Legislature may be asccr-
tanned. This is not simply interpreter
ton. Interpretation differs from con-
struction in this: That it is used for
the purpose Of asccrtaining the true
sense of any form OF words, while con-
struction involves the drawing OF con-
illusions regarding subjects that are
not always included in the direct ex-
preston.
/ In all constitutional governments
the powers OF government are divided
or allotted to different officers OK do
paltments, and each of these mas by
constitutional limitation certain pow
ers generally independent OF each 9TH
err and usually involving the duty Of
| Interpretation, and often of cOnstruc-
ton, upon each of the several depart
ments or officers who have the admin
istration of the government in charge.
| Constitutions have not as a rule pro-
vided for tribunal whose specific duty
is that of solving difficult questions
which may arise under it prior to the
necessary solution resulting from liti-
cation. Frequently, but not always,
constitutions provide for the taking
the advice OF the judiciary by the Leg
islature prior to the enactment of a
law, but in this Territory no such duty
is devolved upon the Courts and the
construction or Interpretation of stat
utes is an after duty devolving upon
them.
The executive department of this
Territorial government is charged with
this duty often in the Interpretation
as well as the construction of the pow
ers devolving upon the executive by
virtue of the Organic Act, as well rs
by the acts of the Legislature. But as
a rule, the construction and interpreta-
ton of the laws arise after enactment.
To illustrate further, the admins
tration of public justice in this Terri
tory is conferred upon the Courts, and
the Courts perform that duty by first
ascertaining the facts in any case and
giving effect to their conclusions of
fact by applying the laws to the facts
ascertained; in doing so a construc-
ton or Interpretation OF law is neces-
eary.
The right and power of Courts to do
this is 80 universal that their conduct
in that regard is unquestioned. In
performing this duty q Court, having
the aid of long line of decisions of
other Courts which have existed be-
fore them and their Interpretation and
construction of similar statutes and
constructions, many of those Courts
having superior authority, and the de-
cisiOns of other Courts not having
such superior authority but are of sim
liar jurisdiction, their decisions being
in the same line and on similar ques-
tons of construction and interpreta-
ton, have the force of argument and
are of persuasive power; other Courts
OF the same jurisdiction resort to them
for aid in the interpretation of laws of
similar character, where inferior Courts
construe laws or constitutions their de-
cisions may be reversed by the Court
of last resort, as in this Territory a de-
cision of this Court may be reversed
by the Supreme Court of the United
States and its decision become author
itative.
In the State Courts a long line of
decisions upon the same subject mat
ter continues to be followed even
though the general sense thus given
to the words are not satisfactory to the
Courts of later date.
The doctrine of stare decises is ap-
plicable in its full force within the Ter
ritorial jurisdiction of the Courts max
ing such decisions, and this rule is
usually followed because it is deemed
better to 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
unvarying. They should not be made
to mean to day one thing and another
thing tomorrow or at any subsequent
time. If the Interpretation or con-
struction put upon it by the Court is
unsatisfactory 1t is, in this country,
in the power of the people to obviate
the difficulty by new constitution or
an amendment thereto or by changing
statute. 1t is for this purpose that
constitutions are made-that there
may be stability in the government
which thus furnishes the Fundamental
law, that varying moods of public
opinion, clamors Of the populace, or
even public sentiment shall not effect
the fundamental law of the land and
thus leave us without any stable and
unchanging guide, when the public
passions or resentment of the pOpu-
lace might carry the state out upon
sea of revolution with only passion
for guide. An excited public opin-
ion is quite as likely, indeed, history
shows, more likely, to be the line Of
oppression than that of liberty and
law; and constitutions, should they
change with equal facility, would be-
come alike oppressive and unendur-
able.
1t is the duty of a court in constru-
ing q statute to give effect to the in
tent of the legislature even though in
doing 80 seeming violence is done to
some OF the words employed. The in
tent is the law no matter what form
of words is used in expressing that in
tent. Primarily this intent is to be
found in the words OF the law itself
and the presumption attaches that the
language used will furnish conclusive