, 1897-11-16
TUESDAY NOVEMBER lG, 1897.
THE ELECTION CONTEST CASE.

The Republican believes that the
people of Wyoming are to be congratu-
lated upon the decision Of the supreme
court in the Carbon county election
contest case. And they are also to be
congratulated upon tn" fact that the
decision was rendered by a republican |
supreme court. BY this act. the court
has eXcmpliird in a straightforward
and upright the fact hat JUS
tice will b" don't in our tribunal of last
resort, no matter whose interests are at
stake OF what party may be affected.
There is no doubt whatever but that it
was the intention of the trainers of our
state constitution that voters should
be able to read that document in the |
English language. and it is we'll for the
future of the state that the point is now
settled once for all.
OF course it may be expected that
the democratic politicians and newspa-
pers, in their usual short-sighted way.
will make a great howl about the mat
ter, claiming it as a partisan victory !
rather than a victory for the entire peo-
pie. Their short memories do not go
back as far as 1892. when the same pre-
cincts were carried by the democratic
party by the same kind of votes that
carried them for the republican party
in 1896
After reviewing the case at length, !
the court concluded as follows:
English was and is the language in
common and general use in this state,
the legislative cnactmcnts from the Or
ganization Of the territory had uni
formly been expressed and published
only in that language The proceedings
of the courts were and are conducted
exclusively in English. In the constitu-
tional convention no other language
was employed; the constitution itself
being framed and expressed in that
language. 1t has never been promul-
gated in any other. These facts should
be Kept in view if ii becomes proper or
- "a u pm aoSol-
ogy to discover the prevailing intent
OF those who prepared the organic law.
Such facts have, therefore, a double
bearing; they serve to illustrate and
explain the words themselves, and are
factors in the search for any purpose
behind them. After much reflection,
we are constrained to %oun our-
selves as unable to observe any ambig-
uity in the words the constitution of
the state Under the well-considered
definitions above quoted, they possess
and convey a meaning which is precise,
clear and certain.
We revert therefore. to the uues>
ton whether "A translation. would con-
stitute a copy of the constitution, in the
commonly accepted sense of that word.
a copy is defined as a reproduction
or imitation so as to have another or
others similar to the original. To trans
late is to give the sense, or equivalent
of, as a word, al expression, or an en-
tire work in another language or dia-
lect. The question whether a transla-
ton constitutes a copy was %squarely
decided in the case of Stowe VS.. Thorn
as. involving an alleged infringement
of the copyright of Mrs. Stoves Uncle
Toms Cabin the defendant having
made a translation in German. In this
case it was .ecided that a copy of a
book must be a transcript of the Ian
suage in which the conceptions of the
author are clothed. The same concep-
tons clothed in another language can
not constitute the same composition
nor can it be called a transcript or
copy of the same book. AS we have
shown the American understanding of
the word constitution is not merely
the fundamental principles of govern
ment, but the written instrument on
tanning them, or such principles only,
cannot constitute in any correct sense.
a copy of the constitution as it is usu-
ally understood and accepted. We are
convinced that a copy OF that instru-
ment can consist only in a reproduce
ton of the words of which it is COM
posed in the same relation as they are
there found, and thus as a necessary
consequence in the language in which
1t is written.
That any broader construction than
that which the court has placed upon
1t, is loose and inaccurate we are
convinced, and are, therefore. con-
strained to hold that in the sense of
the constitutional requirement, no per-
SCH is able to read the constitution of
the state who cannot read it in the
English languages"
Secretary Of Agriculture Wilson |
says this country sends abroad every |