The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1900-04-26

: I
with familiar words, there should be nc
difficulty There are no technical com
plications, because it is agreed that
every word should be read in its usual
popular sense.
THE convention having determined
after great deliberation that the mem
bers Of the senate should be chosen by
the Legislature, further declared:
And if vacancies happen by resigna-
ton, or otherwise, during the recess OF
the legislature of any state, the execu-
tive thereof may make temporary ap-
pointments until the next meeting OF
the legislature which shall then fill
such vacancies.
IF vacancies happen during re-
cess This language imposes condi-
ton precedent. IL, therefore, the Quay
vacancy did not happen during a re-
cess within the meaning of this clause,
there was no authority for executive
action. To the common mind there
|
about the meaning of this expression,
If vacancies happen To demonstrate
that there is no ambiguity lurking in
the word happen, substitute any of its
synonyms occur, take place, come
TO pass and the meaning is not changed
a particle. If vacancies take place dur
ing recess, relates to such vacancies
~ originate while the legislature is not
in session and excludes all others.
'To the common mind this sentence
clearly conveys the meaning that the
power to appoint depends upon the time
when the vacancy begins Vacancies
falling within the period known as re-
cess are within the power and all others
fall outside. English language can
hardly be more plain, specific or direct.
There is no imperfection or fiexibility in
the language. | believe this obvious
rendering is correct and conclusive. IL
lustration cI argument can hardly eluci
date so clear proposition.
Authority to an inferior tribunal to
admit to bail in all cases happening dur
ing vacation, as distinguished from
term time, would clearly indicate ju-
risdiction limited by the time of occur
ence. No man could mistake the OBJ
vious purpose. Authority to adjust all
losses by fire that happen between GER
tain dates would clearly exclude all
cases falling outside the period and no
man could go astray as to the meaning.
$50 the familiar provision in tesla
mentary documents, that if the death of
D certain legatee happen before the de-
cease Of the testator, such and such re-
suits shall follow, is so plain that in the
multitude of cases of testamentary CON
struction, so far as / know, no doubt
has ever been intimated as to the mean
ing of the provision. No court has ever
entertained any such doubt.
None should be tolerated here, if
vacancies happen during a recess The
Quay vacancy did not happen during "A
recess, but occurred on the 4th day of
March, when the legislature was in SEES
sion and promptly assumed jurisdiction
to fill the same My contention there
fore, is that the vacancy does not fall
within the limited jurisdiction of the
executive.
My proposition is that there is no
room for construction or Interpretation.
| invoke the first great rule Of construc-
ton Mr. Sedgwick lays it down rs the
first maxim to be observed that when
passage is plain and unambiguous, there
can be no Interpretation. In such "A case
Interpretation becomes impertinence.
When there is no imperfection or doubt
in the language, construction degener-
ates into casuistry.
Construction offers great tempta-
ton TO genius. No word or sentence is
safe if subjected to the retinements of
literary wizards and casuists. remem-
Der rs a school boy that the teacher
would write on the blackboard the sen
tence Jesus wept, and instruct MS that
it was the shortest sentence in the Eng
lish language, but even that short plain
pathetic sentence would not be safe
among the Scribes and Pharisees of con
struCtion,
The senator also commented on the
provisions of the Pennsylvania constitu
ton obnoxious to Quay's claim, and
closed by IN earnest appeal to the senate
to stand by its ancient precedents, fire.
quently exercised in similar cases and
decline TO seat IA man rejected by the
legislature empowered to choose,
The vote on the question was taken
Tuesday and resulted in 32 being cast
for the seating of Quay and 33 against,
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THE death of eX Senator Sawyer brings
to mind a story told of him by friend
of his in Washington, says the Washing
ton Star, Sawyer was very generous
| C,iynr nf charity and If ,,r.s.nta ,ybir