The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-01-04
a CONTEST.

- -I"HH"H#H
by the board OF county commissioners at
fits meeting yesterday morning, was the
question whether II is the duty Of the
county &c, pay for the bedding used In the
county jail. Some time ago. Sheriff
Richards put In such a claim, which was
turned down at the recommendation OF
the committee N court house and jail.
Recently the matter was referred to the
prosecuting attorney for an opirion. At
yesterdays meeting, Mr.. Meyer submit
ted MI. opinion, which will be read with
Interest all over the state. rs there have
been similar controversies In other coun-
ties, The opinion IN full Is as follows:
To the Honorable Board OF County
Commissioners:
Gentlcmen:-ln respone 10 the request
made by your honorable ~body--thc
board Of commissioners OF Ohio county
that the prosecuting attorney deliver
to the said board his written statement
otgthe law upon the question OF the per-
sonal, liability OF the sheriff of Ohio
county for expenditures cntailed by
him In the nurhcasc OF beds and bed
ding for the use OF the county jail, I
respectfully submit the following
opinion:
By section 20 OF chapter 30, OF the
Code Of West Virginia, It Is provided
that the words County Court" shall
extend to and include. all tribunals
heretofore established aud now existing
In any county for police and iisca! pur-
poses, under, articles or the constitution
of West Virginia as adopted In the year
1872. 1t is obvious that by this section
the board OF county commissioners OF
Ohio county Is made amendable To
chapter 80, of the code OF 1891. entitled
t'Concernirg County Courts; Their Jur-
isdlctlon and Powers"
Section Il, OF said Goth chapter. pro-
rldes. THE county court OF every c0un-
ty. at the expense Of the COUNT. shall
provide at the county seat thereof, 4
suitable court house and jail and
shall keep the same In constant and nd
equate repair, and supplied with ncc-
essary furniture, books. stationery, fuel
and such other things as shall be nee
essary." The remainder OF The section
Is not Germanc to the purposes OF the
present discussion, and shall therefore
be omitted.
The object OF all Interpretation and
construction OF statutes is 10 ascertain
the meaning and intention Of the leg!s-
lature, to the end that the same may be
enforced. The meaning and intention
of aSstatute must, therefore. be sought
first OF all, In the language OF the stat
ute itself. What do the words mean?
What does the legislature will to do?
The law prcsumes that the means en-
ployed by the legislature to express Its
will are adequate to the purpose, and
do express that will correctly.
Section Il, of chapter 80, Is manda-
tory, and imposes a duty on the county.
Mn effect 1t means that the county
court. at the expense OF the county.
shallldo a number of things in, respect
tot:hc county jail. First. 1t shall pro-
vide a suitable jail. Secondly, 1t shall
keep the same III Ncnpstant and adequate
repair. Thirdly. Il Shall keep the same
supplied with the necessary furniture.
fuel and such other things as shall be
necessary. These acts are commonly
qualified by the phrase .at the expense
of the county"
The language In this statute is plain,
unambiguous, expressing n single def
mite meaning, namely, that whatever Is
enumerated In the three duties imposed
upon the county court, Is to be done at
the expense Of the county. This seems
to be the lltc:a! meaning of the statue.
: and must be conclusivciy presumed to
be. the meaning which the legislature
Intended to convey. Courts 90 even so
far5a to say that where they are Goa
WINGED that the legislature Intended
some other meaning than the one which
q literal Interpretation Of the language
justified, and the very purpose of the
statute should thereby be defeated,
still. the explicit declaration o. the
law-matirs POWER is the law, and
courts mus. not depart from It. u. S.
VS.. Fisher. . Cranch. 35S. Doe va. Con-
sldine, 6 Wall 1855. Woodbury. VS. 3icry,
us Ohio st. A56. Newell VS.. Muxlow, rs
n. Y. 10. Bradbury VS.. Way, "a Pa. Fl.
$50. Carfcsg vs.. st, ~ Md. 400. Allen
vs.. Fire ms. . Nd. III. Ezekiel VS..
Dix. 3 Ga. he.
The question TO be decided at this
juncture OF our discussion, Is. what dil
the legislator. mean by the words
necessary furniture" which the county
court is 10 supply at the expense Of the
county. Does this phrase include beds
and bedding? Taking the word .furni-
ture' by itself. without any qualiica-
ton, Anderson. In his Dictionary o.
Law" defines It as That which fur
nishcs, or with which anything is fur
nished or supplied. Whatever may be
supplied to a house, n room, or the like,
to make It labitable. convenient or
agreeable. Goods, vessels utensils and
other ~appcndaSes, necessary or convca-
tent for housekeeping. Whatever is
added to the interior Of a house or
apartment for use or convenience.
The case of Bells administrators US.
Goldlng, reported In % Ind, p. 173, was
an action on a breach OF contract,
! wherein the defendant had ngreed to
lease TO the plaintiff the Bates House,
"a hotel In Indianapolis, and In addition
to this. "all the furniture In .ne Bates
House used In running the same"
When the plaintiff took charge The de-
PENDANT withheld certain articles which
the plaintiff claimed the use OF under
the lease. The court held that the
word furniture Included such articles
as bed 5hcesing. pillow cases, cotton,
while crash, silk and wool damask,
liable linen and Brussels carpet.
In Crossman vs.. Baldwin, 40 Conn,
p. 49l. Che word furniture Is defined to
be all the persona! cha.tc!s In the use
OF the family. The court held that
household furniture" US employed In
q Will, will pass all personal chattels
which may contribute 10 the use or con
Hcniencc Of the ~householder, or the or
nament Of the house. such rs plate, lin
en-, china, both useful and ornamental,
and pictures. Webstcr's definition Is
improved IL this Ease By The learned
Judge. and IN rs follows:
Furniture Is that which furnishes. or
with which nnYthlnr ~ furnished OF