The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-06-20

| counties, is matter of too much inn
portance to public interests to be done
purely by amendment or implication.
"We are cited to no statute similar TO
the one in question here. We are cited
to no instance in which a court has
taken a similar statute and held that
| 1t created a county. AS to how far
court may, or may not go, in helping
out legislative enactments by elimina-
tons and interpolations-judicial amend
conflicting. We are of the opinion, how
ever, that, both by authority and prin-
ciple, the court cannot do that which the
legislature perhaps intended to do. A
review of the authorities cited throws no
great light upor the question before us.
| Mr.. Endlich. in his work upon Interpre-
tation of Statues, at section s, quotes
this language with approval: The
court knows nothing of the intention of
an act, except the words in which it is
expressed, applied to the facts existing
at the time See also sections and 7
same authority. Mr.. Switzerland in his
work on Statutory Construction, at sec
ton 26I, quotes with approval, Chief
Justice Ruffin, in the following words
Whether statute be public or private
one, if the terms in which it is couched
be SO vague as to convey no definite
meaning to those whose duty it is to
execute it Enthusiastically or judicially, il
is necessarily imperative. The law must
remain as it was unless that which pro-
fesses to change it be itself ineligible.
The same author at section aga says: "A
legislative intention to be efficient as law
must be set forth in a statute
ut is true that the title of the act
| shows an intention to create the county
of Clearwater but the act as a whole
1.-THE title is no part OF it) shows that it
was probably contemplated that the
county of Clearwater should be estab.
lished by another act to be passed by the
Legislature.
"It is difficult to conceive that the
legislature would specifically create a
county in the first section Of an act and,
then, in succeeding sections speak of
such county as uncreated-to be here
after established-yet we must arrive at
this conclusion if we do what we are
1 -, A<l Iy~11 A1,o@
lature added to the description of terri
tory in the first section after these words
to place of beginning these words shall
constitute and be the county of Clear
water and that by some error in draft
ing, engrossing or enrolling, the latter
words were omitted. 1t would be mere
assumption upon the part of the court to
so conclude. 1t would be tantamount to
say that the legislature declared the
county of Clearwater established in one
breath, and in the next one speak of it
as something to be thereafter estab-
lished.
| while courts will, in order to carry
out the will Of the legislature, expressed
in an imperfect way, interpolate pune
tuation of words evidently intended to
be used, yet, when such Interpolation
comprises the real substance of the act
in this instance words creating q
county-the court is not authorized to
make such Interpolation.
ut follows from what has been said
that the county of Clearwater has not
been established and does not exist.
Therefore the writ of mandamus demand
ed should not issue, but should be de-
MED, and it is so ordered. The clerk is
directed to tax no costs to either party,
the parties to the proceeding acting as
officers, for the public. and in relation to
public business"