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

crtaining legislative intent, as II Is
lwavs the intent OF any written !nstru-
nent or law at the time 1t was made
hat is to govern in enforcing it. 1t lie
he-eiore vel 20 inquire = all cases as
c :!.a meaning Ct wo-ds AID tie -o-ce
d be given them at the time When
hey were used, either in written con-
.rac.s. constitutions or legislative en-
And while rs L general
hing it will be taken Tor granted that
when words are used in one place III
some legislative enactment or IN
contract, they will have Il like mean
ing in every other place i'll the same
vet this is not always
true. Story. in his work on the con-
stitution, (Section AID lays down a
rule as follows:
1T does not follow. either logically
or grammatically. that because word
is found i'll ono connection III the
Constitution with a definite sense,
therefore the same sense Is to be adopt
ed in every other connection III which
it occurs. This would be to suppose
that the trainers weighed only the
force of single words, as philologists or
critics, and not whole clauses and
objects. as statesmen and practical
reasoners, and yet nothing has been
more common than to subject the
Constitution to this narrow and mis-
chieyous criticism. Men of ingeniOu,
and subtle minds, who seek fol
symmetry and harmony in language
having found in the Constitution ;
word used in some sense which fall
in with their favorite theory of inter
preting it, have made that the stand
ard by which to measure its use il
every other part of the instrument
They have thus stretched it, as j
were, on the bed of Procrustes, Topping
off this meaning when it seemed to-
large for their purpose, and extendin!
it when it seemed too short. The,
have thus distorted it to the most I'm
natural shapes, and crippled -Wher,
they sought only to adjust its pro
portions according to their own opin
ions"
Another rule that obtains in all tn,
Courts is that when a general power j
conferred or n duty enjoined ever,
particular power necessary for tn,
exercise Of the one, or performance O
the other, is also conferred, and tn,
particular parts must be made to har
monte with the entire purpose. Thi
is, however, modified by another rule
that when the means for the exercise
of a granted power are given, no othe
or different means can he implied be
cause more efiectual or convenient:
A further source OF light in the con
structiOn of a statute or constitution
aside from the mere examination o.
words and that which is implied il
found in the subject matter of which
the statute or constitution treats an,
the object to be accomplished, tn,
evil to be remedied or the right granted
in order that by grasping the motiv,
in the same light in which the law
maker saw it we may the more readily
or thoroughly apprehend his meanin;
and the thought he would convey t.
others, than we would otherwise bt
able to- do if We simply knew and .un
derstood what the words implied il
endeavoring to convey to us tha
meaning. The context often con
trolls the meaning of word or pas
sage either by extending or limiting
its Specification. A conspicuous ex
ample is given in this authority las
cited.
In our form OF gOvernm ent, the Ma
tional Government is governed by &
constitution granting to it certain
powers, which are called enumerated
powers, and are in fact enumerated in
the constitution itself, and any power
not specified in the constitution
specifically, or by necessary implica
ton, does not exist at all The Con
gress can claim no powers which are
not thus granted. This applies no,
only to the constitution as originally
made but as it now exists with the
amendments.
8 Wheaton, 1877; 80 U. S. Reports
542.
The State, on the contrary, by it,
constitution, takes away or limits
legislative power instead of giving it
as is done by the Federal Constitution
and except as limited by the constitu-
ton Of the State or Of the United
States, the State Legislature may
enact any law they deem for the wei.
fare of the people under their juris-
diction.
The Organic Act of the Territory in
this respect furnishes constitutional
beyond which the Legisla-
ture OF the Territory cannot rightfully
proceed.
Congress created Territorial Govern
ments and furnished the rule OF con.
duct by which the Government is to
exist and provided the limitations to
each branch thereof. Legislation of
course must not be in conflict with the
laws of Congress under and by which
it is organized, and the power to
legislate is granted, and the rules
enacted by Congress limits the power
OF the Legislature to make laws.
Recurring now to the claim here
made involving the act of 1888, already
cited, We are to inquire what was the
intent of Congress in the use of the
word "citizes," as found in the Organ
ic Act.
Revised Statutes, Sec. 1886: 10
Stat. at Large, p. l72, Sec. 5.
Section 5 reads rs follows:
That every white mail inhabitant
above the age of twenty-one years,
who shall have been a resident of said
Territory at the time of the passage OF
this act, and shall possess the quail
fications hereinafter prescribed, shall
be entitled to vote at the first election,
and shall be eligible to any Office
within said Territory; but the quail
fications Of votes and OF holding Office
at all subsequent elections shall be
such as shall be prescribed by the
Legislative Assembly: Provided, that
the right of suffrage and of holding
Office shall be exercised only by citi-
zens of the United States above the
age Of twenty-one years, and those
above that age who have declared on
oath their intention to become such,
and shall have taken an oath to sup
port the Constitution of the United
States and the provisions of this act,
and provided further, that no officer,
soldier, seaman, mariner; or other per-
son in the army or navy of the United
States, shall be allowed to vote in said
Territory, by reason of being on SER
vice therein, unless said Territory is,