The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-03-10


the construction placed upon it by coun.
sci is the correct construction. To saw
the least of 1t. the meaning is ambigu-
Gus. The section reads thus: "Whenever
such number of the duly qualified
voters OF the corporation as constitute
one fourth Of the mum Der of the voters
voting at the preceding regular Novem-
Der election shall petition" etc
That OF section 5Sl is: "Whenever
such of the qualified voters of y city as
constitute one. fourth of tho persons
voting at the preceding regular election
shall, in term time or vacation, petit
ton" etc.
The revisers, it seems to me, have
substituted for statute OF doubtful
meaning ono that is perfectly plain
and the converse of this must obtain in
order to justify resort to the rule of
construction invoked. The local option
election was held under, and we are
dealing with section ssh; and if it be
unambiguous we may not look else
where TO discover that the legislature
meant something else. TO it's interpre-
tation, therefore, shall address myself
and II the meaning is plain we cannot
speculate as to4the reason of the law;
but must adopt and follow it, whether
we approve or disapprove its policy.
Now let US see what Is meant by such
of the qualified voters as constitute
one-fourth OF the persons voting at the
preceding regular November election -
] the first place to whom does the ad-
jective such apply? Without change OF
language it applies to the qualified
voters constituting one-fourth of the
persons voting" A step further: What
IS the meaning of 'constitu to- in the con-
nection in which it occurs? 1t means to
make up, to FORM to compose Let US
then substitute for constitute the syn
onyms make up form compo and
the senten nee reads thus: ''Such OF
the qualified voters as make up, or form
or compose one-fourth mot a number
equivalent to one fourth, but actually
one fourth) of the persons voting at the
preceding regular November election"
Now no men in Virginia possessed
greater facility OF expression OF clearer
apprehension of the meaning of words
and the force of language than the able
lawyers who revised the code. They
are skilled in the appropriate and &C :
curate use of words, and had it been
their intention not to restrict the petit
tions to such of the qualified voters as
actually voted at the preceding regular
November election, but to extend the
privilege to other qualified voters OF the
city, equivalent in mum Der 70 one fourth
OF those who did actually vote, they
would have said so, and would have had
no difficulty in selecting appropriate
words to convey their meaning. They
have, to my mind, clearly expressed a
different meaning.
The adjective "such" manifestly ap-
plies to persons who actually voted at
the preceding regular Novem Der cleo
tion. Qualified" limits the persons
OF
must not only be persons who voted at
the preceding election, but also must be
qualified voters OF the city at the time
OF signing the petition for special
election. The statute is not wanting in
sound, prudential reasons to sustain it;
but upon the discussion of these ] shall
not enter. IL is unambiguous, and with
the policy or impolicy of the law this
| court has no concern but must construe
| 1T as 1T is written. We can but conclude
that 1t was the intention of the revisers
to replace statute of doubtful signifi-
cation with one about which there could
be no dispute.
There remains but ono other question
to consider. and that is whether or not
the order of the Judge of the Hastings
Court was sufficient compliance with
the statutory requirement, that "such
court or judge shall within ten
days after the receipt of said petition,
issue writ Of election" etc. With the
distinction in mind between such pro.
visions for the conduct of elections as
are mandatory and such as are directory
merely, am constrained to believe
that 1T was not. The statute in terms
requires the court or Judge to issue .
writ OF election directed to the sergeant,
etc. In this case the order was made
by the Judge in vacation. In Chase VS..
Miller, IS Virginia, 791, it is said: The
Judge acting in vacation has no au-
| thoritY except that expressly conferred
by the statute under which he acts, and
is restricted to it's very terms" Again,
section 26 Of article of the Constitu-
ton OF Virginia declares, "writs shall
run in the name of the commonwealth
OF Virginia, and be attested by the
clerks OF the several courts. Indict.
ments shall conclude against the peace
and dignity of the commonwealth" 1t
was argued that the provision in rela.
ton to writs is intended to apply to
writs in criminal cases only. There is
nothing in the provision to warrant this
conclusion, and a different interpreta-
tion has universally been placed upon it
in this commonwealth. In the forms OF
all writs, civil and criminal, this re-
| quirement has been observed The
| approved books Of forms abound with
illustrations; and these to which have
had access furnish no exceptions to the
universal observance of the require
ment, and no authority to sustain the
contention has been adduced. There is
substantially similar provision in the
constitution of Tennessee, and in the
case of A. j. McLendon OF al. " State
of Tennessee to the use OF Henry Ken
nedy, 81 Lawyers Rep, Annotated,