Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-15

TextDle to admit OF some other con-
struction by which that intention can
be better effected. the law requires that
construction to be adopted. The inten-
ton OF an act involves a consideration
of its subject matter, and the change in
or an addition to the law which it pros
poses; hence the supreme Importance
of the rulesthat a statute should be con-
strued with reference to its general
purpose and aim
Now apply them to the question in.
hand. The terms OF Office OF all officers.
with, the exception Of those named
above, commence on the first Monday
lof January. The first Monday Of Janu-.
airy may be the first day of January, or
any other day between that and the 7th
of January. The terms extend thru two
years and 1t Is sufficiently accurate to
say that they extend thru the calendar
year. For instance. my last term ex-
tends thru h years 1899 and 1900. It is
generally understood by the great mass
of the people that the terms expire with;
the last year OF the term. I presume I
have said. and thought I was speaking
sufficiently accurate, that my term Of
office expires this ear that is, with
1900. This is the last year Of my term;
never in my W mind have I taken into.
account the few days that may inter-
vene between the 31st day OF December
and the first Monday Of the January fol-
lowing. Such is the general understands
ing. To all intents and purposes the
terms OF all officers. state, county and
township. elected in 1898, terminate or
expire with the year 1900.
I'm section 246 of Sutherland on Statu-
Il - ri - -ga-
words or clauses may be restricted to
efectuate the intention or to harmonic
them with other express provisions.
particular sense would lead to an alb
surdity, 1t may be restricted. The par
~sticular inquiry Is not what is the abb
tract force OF the words, or what they
may comprehend, but in what sense
they were intended to be used as they
are found in the act. The sense in.
which they were intended to be used
Furnished the rule OF Interpretation, and
this is to be collected from the context;
and a narrower or more extended
meaning Is to be given according to the
%tntention thus Indicated
The sense in which the words in the
amendment above quoted were evident
lly used was that those officers whose
terms of office in the popular sense, and
Ito all intents and purposes. expire with
the year 1901. shall be extended for one
year, and not that the terms of office
of those officers whose terms of office,
to all intents and purposes. expire with
the year 1900, shall be extendedsfor.one
year.
In other words, the two general as
tSemblieS, is We'll as the people who
voted for the amendment, disregarded
the few days which may intervene be-
tween the first day OF January and the
first( Monday Of January; and used the
Language of said amendment in the
sense that the terms OF Office of theSof-
ficers who We're elected In 1899 expire
Dec. 81, 1901. Any other construction
would thwart the evident intent OF the
two general assemblies who proposed
the amendment. as well as the people
who voted therefor. I am clearly of the
opinion that the courts would so con-
strue the said amendment, and 1t ought
to be 50 construed.
Another considerations If we look at
the amendment, we see that a change OF
but one word in the fourteenth line
makes the amendment harmonious in
view Of the provisions OF section 1000 OF
the code. and effectuates the plain, un-
disputed intent OF the amendment. II
the words 'one thousand nine hundred
and ne be read one thousand MIN
hundred and two,' there is no difficulty
in understanding the amendment, and
no doubt exists as to its meaning. The
question arises whether such a substitu-
ton Of words is permissible under the
rules Of Interpretation of statutes. II
the general assembly did not use the
clause. all other elective state, county
and township officers whose terms OF
office would otherwise expire in the yea
one thousand nine hundred and one III
the sense which / have above explained,
then the use of the word 'one' in the
fourteenth line instead OF the word two
was clearly a mistake; possibly a cleri-
cal error. which was not detected unit,
after the amendment was adopted.
The question then arises: Have the
courts, in constituting a statute, power tc
correct palpable mistakes which are
shown to be such by the entire contex,
of the statute, or the constitutionalpro
vision? The answer to this question
must be in the affirmative. will not
refer to the cases which so hold. A
number Of such are cited under section
$50 Of Sutherland on statutory construc-
ton.
I'm Palms VS.. shawano County, 81
Wis. 2l1 (2l N. w. r.. 10. the supreme
court OF Wisconsin substituted the
word north for the word south to cor
rect an evident mistake.
I'm State VS.. Brandt, Al Iowa, 593, the
supreme court OF this state construed
the word or to mea and Numerous
authorities could be cited to show thai
the courts will not permit the misuse OF
mistake in the use or omission of a word
to stand in h way OF giving force and
effect to the clear and manifest inten-
ton of the statute. Upon either prin-
ciple. then, force and effect can be given
to the intention Of the amendment,
which Is, l think without controversy
that the terms Of Office Of all those Off
GERS who were elected at the general
ELECTION in Novmber, 1893, shall be ex-
tended for n year. and that the terms
of Office Of those elected in the year 1895
are not in any manner or degree at
fected by the constitutional amendment
Beside the legal questions involved,
there is another one question of eth
les. It strikes me as morally wrong fol-
any man who has filled the full term OF
the office to which he was elected, be-
cause OF what 10, at best. q technical err
ror, to attempt to defeat the will OF the
u oo~vo ,,h u nx,o avonAoa