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

'L-E ~
meaning and application, /and VERY
Justly adds that the meaning changes
In Its various uses so as 10 take lie
eolor, Of. @ : to accord with. the subject
70 which Il Is, In each particular case,
applied.
The meaning OF words In a statute
must always be sought with regard 10
he subject matter 10 which they relate.
Owing to the ilexibill,y OF our ~ lam
Euage. and the utter lack OF yielding
,hxitg OF meaning in regard TO mauy OF
Y words, u. Is palpably apparent tint
the meaning OF certain words or
phrases may vary quite materially ac-
cording TO the connection In which they
are employed, md therefore, .Is they
are susceptible OF several meanings,
that one Is TO be adopted which best
aceords With the subject to which the
statute relates" Therefore, whether
certain thlngH are contemplated under
b term "turnlture', depends entirely
upon what sort OF n building IL to be
furnished md what use Is TO be made
OF SAID building and furniture. II the
pal!dlng Is to! be used as a place OF
abode or habitation for man.. II Will
be observed that dennltlonns OF the
word furniture" In the decisions cited
above contain the unit and uniformidea
that the term furniture Is to include
such articles and things as may be nee.
essary at least to render the building
habltable. What particular articles of
furniture are necessary for the various
Kinds OF abodeJ Is only a question OF
degree and station in l!tc-but habIta-
bic Il must be.
NECESSARY" FURNITURE.
II Is FOR this reason that the lesls.
laturc deemed It wise and c~xpedient to
limit the word furniture" as used In
the fourteenth section OF chapter 80, OF
The code. by qualifying Il with the ad-
1ective necessary" 1t excludes extrav-
agance; forbids luxury, eliminates SUI
perilulty, and Is intended to approxim-
ately fix the line OF dcmarcation be.
tween n state OF ordinary living and
that OF stintcd existence. 1t preclude
the thought that prisoners In Jail shall
be taught the intoxicating delights Of a
yielding eas!ness OF surroundings In nd.
dillon 10 the habits OF Incidence, but the
law does intend that prisoners, al
though monuments oc crime mud social
perversion shall, nevertheless, be main
tanned In manner and form compatible
with humane principles, and therefore
the law OF section II wa so worded as
to Include all necessary" furniture
only such articles as are absolutely In
penslole TO the health and comfort
OF the prisoners.
In Jurisprudence. says a learned
judge OF the United States supreme
court, the word necessary does not
always iNpart an absolute physical ne
cessity so strong that one thing, to
which another may be termed ''neces-
sary" cannot exist without that other.
1t frequently imparts no more than
that one thing is convenient. or useful.
or essential to another. 4 Wheaton, SIG
and 4l3.
In the face OF these clear, plain and
unequiv0cal definitions of the term
furniture" and in the face OF the fact
that 1t is restricted by a no more par
ticular qualification than that OF nee
essarE." ] have no ~hcsitancy In saying
that the county court of Obi, county
must provide the Jail. 4. It's own cx-
pensc, with sufficient furniture TO make
that prison domicile conveniently. hu-
namely and comfortably a habitable in
stitution not only necessary furni-
ture." but also, IN addition 10 spc-
cially enumerated articles, ''such other
things as shall be necessary" These
cumulative terms In a statute include
beds and bedding.
Section 80, of chapter Il. of the code,
makes the sheriff the keeper OF the jail.
and means that he shall keep the same,
after 1t has been built md furnished
as provided in section II Of chapter 80.
Section 40, of chapter II. presc:ibes
regulations for. the health and comfort
OF the prisoners. and makes the sheriff
responsible for the manne in which the
Jail shall be kept. It says:
9a"The jailer shall cause all the apart
menta of his jail to be well white
washed at least twice every year. and
have the same properly aired and al
ways kept clean. He shall furnish
every prisoner with wholesome and suf-
ticicn. food. and with a bed and bed
ding clcanly and sufficient. and have his
apartments warmed when 1t Is proper.
IL case Of the sickness OF any prisoner,
he shall provide for him adequate nurs-
ing and attendance ard II there be. oc-
'casion for It. shall conllne him in an
apartment separate from other prison
crs. In no case Shall q jailer permit the
use Of ardent spirits in the jail except
when prescribed by a physician"
The whole chapter Al prescribes the
duties Of the sheriff. and confers min.
~isterial powers and duties only. In sec
ton 10 the sheriff Is told how he shall
administer to the wants OF the prison.
crs from supplies. for the purchase OF
which special provisions have been
made by statute.
I. He shall furnish every prisoner
with wholesome and sufficient food.
that Is to say, food 1T 10 eat and
enough Of 1t. The second paragraph
OF section 90, os chapter 1871. makes the
provision and has the effect OF impos-
Ing the liability FOR this Item OF expcnd-
iture upon the county court. 1t pro-
vldes that:
"For keeping and supporting a person
confined In jail. for each day. in thc-d!s-
Grafton OF the court, n sum not less than
th!rty-fve cents nor more than fifty
cents shall he allowed"
Keeping" In this statute means hold
Ing In custody. Supporting" n person
eaci: day means sustenanCe for each
day, l.. G.. that which supports life;
food. vic.uals and provisions.
The American and English Encyclo-
pcdia OF Law In volume "a defines the
word Support" when applied TO a per-
son. MS importing articles for s%ustenancc
OF the family. as food, &c. For this
supporting OF prisoners, the sheriff Is to
receive from the county court the sum Of
not less than .hirty-fiVe cents nor moro
than fifty cents for each dey. In the dis
erection Of the county court. So we See
the court pays for the boarding..
II. He shall furnish every prisoner
with q bed and bedding, clearly and
sufficient. Provision for thls has al