People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03

Certain rules have been laid down for
the guidance of courts in the inter-
probation and construction of statutes
1t has been said that, "the rule for
the Interpretation Of statutes is to
give them their plain obvious mean
ing, to give words the meaning they
bear in general and popular use. In
our time the legislature and the
courts intend to enact and cOnstrue
statutes in the plain sense in which
men of average intelligence in the
community understand them "a
universal rule in constituting a statute
is that the courts must find the in
tent of the legislature in the statute
itself" 1t has also been said that
with the wisdom, sound policy and
expediency of law the courts have
DOthing TO do; those are matters, ,en-
tirely within the deliberatiOn and
cOgnizance of the legislature" 1t
has been laid down by the authorities
both in text books and in decided
cases that it is the duty of the court
in cOnstruing an act Of the legislature
to give that construction that will
carry out the evident intention of the
Legislature, but courts cannot go out
side Of the language Of the act itself,
for reasons for uphOlding it, neither
can they do ofOr the purpose of hold
ing it void. In the act before us the
legislature has used certain language,
which is plain direct and simple, and
so far as the language itself is con-
cerned, there is no room for cOnstruc-
tiOn; indeed il would be difficult to
use language that would convey an
idea or state proposition any more
definitely and certain than the langu-
age used in this act. Section 10 nf
said act, it will be noticed, declares
that the law shall not affect the salar-
les of any of the officers therein nam
ed except the Office Of county survey
or, and its language in regard 10 sur
veyOr is THAT this act shall be in
force and effect as to county survey
Or" Now, what are we to under
stand by this latter clause of said
section 10? The words are plain,
simple, direct and easily understood,
and under the rules above laid down
we are to give them that meaning and
SignifCatiOn which they bear in ordi-
nary and popular use. To give them
such construction is to hold said oct
to take effect as to county surveyor
at the very earliest moment at which
said act can have any force and affect
as legal enactment Of the legisla-
ture. That time is declared to be
when said act is published in the
official state paper" and as stated
above, a note appended to said act in
forms US that said act was published
on the 10Th day Of April, 1893. Then
if We are to take the legislature to
mean what their language signifies
in ordinary common speech, and as
understood by people of ordinary,
average intelligence, said act as to
county surveyor took effect and was
in full force and effect from and after
said 18th day Of April 1893.
Now if this was the plain intent OF
the legislature as to said clause
said act shall be in force from and
after the publication in the state
paper" what was the legislative in
tent in the use of the language en-
plOyed in the other part Of said Sec
ton 10 to-wit: ''this act shall not
affect the fees or salaries Of the
present county treasurer, county
clerk, county attorney, register Of
deeds, clerk Of the district court,
sheriff or probate judge?" If we give
this language its literal construction
and the meaning and Signifca.ion
that is placed upon such language by
persons of ordinary average intellig.
ence in the community, We must
conclude they meant this act should
take effect as to each county officer as
| fast as the term Of the then county
officers expired. II this is true, We
then have the spectacle of an act tax.
ing effect in part on the 18th day Of
April, 1893, January Sth, 1894
October 10th, 1894 and January 14th,
1895, at four different times. Now, if
this is true there is no question in
the world but what the act takes
effect by piecemeal and is for that
reason unconstitutional and void
The state comedies that if this ACT
takes effect at two different times
that it Is in controvention OF saiC
section 10, article 2 Of the constitu
tiOn and is void. The courts atten
tion is called to language used by Mr
Justice johnson in the case of BOart
of Commissioners of Miami county
against Hyner, supra, where Judg,
johnson, uses this language:
"Acts are frequently passed ia tn,
! body Of which provision is made tha'