The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-01-22

That the qualified voters Of every borough
and township, ard, when borough i owl
oec into wards, Of every ward, in the Com
nlongealfl cf Pennsylvania. shall. on the
third Tuesday OF February next, aid trien-
nAiiy thereafter. vote for and eler; properly
qrsiiflsd person for constable in each of
sAid districts. Who shAll serve for three years
The question Of doubt as TO whether the
ACT took effect at the last election turned on
tie word nexf. some contending that owing
70 the short time intervening between the
approval Of the act By the Governor and the
election, tie phrase third Tuesday of Feb
ruary nexI referred 10 the third Tuesday Of
February. lsoo. khiIe others insisted that it
referred 10 tie third Tuesday of February
1859.
The question has been differently decided
by different county judges in the State. Some
hare held that the coustabies elected last
February were chosen for three year,, while
Others have decided that they were only
elected for one year. For weeks past We
have been receiving communications from
consta5les and Others. asking Us as 10 the
lax in The matter
An act was passed by the same legislature
( providing for the election Of assessors TO
serve three year,. The question has also
been mooied as 10 whether this law went
into effect last year. or whether assessors
will have to be elected sgain this year. The
/ language Of the ecf in this instance IS plain
I and explicit, and there csn be no question
but that the assessors elected last February
.--ar.. ~f.....-, -. 4. te.-.., 49,. ,-..-.
Following is the language OF the act
That tie qualified voters OF every bor-
ougi and oNnsbip IN the Commonwealth OF
Pennsy sania, shall. on the third Tuesday
% February. Ammo DOnini One thousand
eight hundred and eight-nine. and triennial-
IS thereafter. vote for and elect properly
qualified person for assessor in each Of said
districts who shall serve for three years
IN response 10 a request made by the edi-
,ors Of the HERALp Judge Bser kindly sent |
the foilowing which. while not a Judicial
opinion. is plain expression Of his Honor's !
views OF the law
GEoRGE r. ScULI, ESQ.
DKsR Sin Your inquiry. were the |
assessors and consi2bles in 1859 elected for
three or for four years / cannot answer ju- |
AtNldAl. 1AAA A1C fAsS1AiOH atASl' ~ NCAAtr
bat as constables Of the county and Others |
are writing to attorneys and editors for in
formation deem il entirely proper to ex
press an opinion, accompanying il with
suggestion that elections for constable be
held. as no additional expenses are thereby /
incurred. 80 that whatever the final ruling
OF the courts may be there will no vacancy
in the ofiioe
That assessors we're in lss9 elected Tor
three years is PLAIN enough the words Of
the statute alone disclose the legislative in
tent 50 clearly and precisely that there Is no
roora to look elsewhere to diseredit it. There
should therefore be no election for assessor.
Wheeler the constsbles elected in lSs9
were also elected for three year.. deFefsds
ufon bow the words Of the statute. and the
object Of the statute are viewed.
There are certain well-esiablished rules
that govern courts in the construction and
Interpretation Of statutes / indicate some
Of them.
II the statute in It's words and terms Is
free from obscurity and ambiguity. ard
the whole is read with reference to the
purpose ond purview Of the act, snd II 80
doing does not Lead into sbsuriity. the
- legislative intent is to be sought Tor in the
+" words and language employed"
The legislature mus; be taken TO have
meant what they actually expressed, unless
some manifest incongruity would result
from 50 doing. or unless the context clearly
shows that such a construction IS not the
right one
The best rule, It Is said, Is to abide by
the words which the Lawmakers used. and
from these and the ohjecs had in view, as
certain thelegislstive meaning, unless from
"a view Of the whole act the intent appears
TO be different from the literal import Of I
s. the words and terms Of the sct."
A careful reading Of the statute, with the
object Of the statute kept in view. leads me
to conclude that there IS neither obscuriiy
nor ambiguity in its words and terms
The plain, reasonable, common sense
meaning Of the words Is not 10 be lost sight
Of and 80 viewed, it appears to me that the
words On tss bird Tae,dIy q February neri y
contained in an act, approved 10th Feb
rusrv. 1889. nse1as aisd must be read az the
rsird 7sesday Of FsiyIsary, 1850, and IN an
act frre from obseuriiy or ambiguity, as this
act seems 20 be. could mean nothing else.
As view the statute, the legislative in
tent is manifeS; in the words and terms Of
the statute. and there can be no reason or
authority 20 seek elsewhere for sny other
intent Outside Of the statute
II may be said that the ssse-cr act, sp-
proved the same day, ard on the same sub
ieci matter OF enlarging the term Of certain
borough and township officers, may De refer
red 20 in aid Of the Interpretation or con-
s;ruction Of the constable act
This may be 50 when the act 10 be con-
strued is couched in words and phrases that
are obscure and ambiguous, and where the
same or kindred words are used and tie
meaning explained in the att called in 10
aid in the construction
The words Of the assessor act are on fhe
hird Tuesday cf Fs5ruary. 1850. as 10 which
nothing could be more precise and Gear.
TIE words Of the constable act ere On
tie third 7ucsday ef february pezs, phrase !
no les precise and clear, when, ~ is the Z
case, the utserance in both cases was made
on tie l5th Of February, 1889.
Being precise and clear. and free from OBJ
seuTiiy OF ambiguity. there Is no occasion
or right 70 cal the one in to aid 70 eonstrue
The other.
That the Lawmakers may have meant The
term TO commerce on the third Tuesday Of c
February. iss9. is quite possible. bat their Q
intentions we must discover from the law {
itself when there is no cbscurity or anbi-
guilty in the language used. and when from !
The language used and the purview Of the
ACT a reasonable intent can be discovered {
when once 50 discovered il must prevail.
The proper course for the citizens is 10
eject oonsiables aud when they are called
10 be sworn aud give bond. IL any objections
are raised the question viii be judieislly
determined.
Respectfully your,
u Jan'r. lsQO. w J. BaKR
The Youngest Soldier.
The Moorestown Herald says: Captain !