Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

words used, brings the statute into har-
mOny with the provisions OF the consul
tuition.
General words In the act should not
be so construed as to give an eHect 10
il beyond the legislative power ana
thereby render the act unconstitutlon-
al, But. II possible, a construction
should be given TO II that VIII render
II free from constitutional objection,
and the presumption must be that the
legislature intended TO grant such
rights as were legItimately within us
power. Again Sykes VS. Mayor, etc. 90
Miss.. l15. l49: 1T ought never To be
assumed that the lawmahng depart
ment Of the government intended 10
nsurp or assume power prohibited 10 H.
And such construction or the WORDS
will admit OF iD ought to be put on us
legislation as will make II consistent
with the supreme law
Cooley's Const Linn 2lS ct seq.
Blacks Const. Law, sec. 2S
Sutherland Stat Const sec. 229
In Adams w Howe, ct al, IA Mass,
$40. 345, II is said. 1--WE must premise,
hat so much respect Is due to any leg
islatiye act, solemnly passed, and ad-
mitted into the statute book, mat
court OF law, which may be called upon
10 decide It's validity will premise 1t to
be constitutional unless the contrary
clearly appears. So that In any case
Of the kind substantially doubtful, the
law would have its force. The legisla-
ture is. in the FIRST instance, the judge
cf lis own constitutional powers; and II
rs only when manifest assumption OF
authority, or misapprehenslon OF H.
shall appear, that the judicial power
viii refuse to execute 1t.
When the legislature by enactments
either lmplledly or expressly CONSTITUTES
a provision Of q statute or a consutu-
ton. In doubtful eases, the courts VIII
accent the legislative construction ana
enforce the nrOvlslon I'm accordance
Herewith. n the ambiguous language
of the provision Il such as admits OF
such construction.
Counsel for the respondent admitted
in his argument that the Legislature m
tended that the act should Apply 10
the officers holding their torn at the
time Il was passed and that there Is
doubt whether. under the provisions OF
the constitution, 20 does not 80 apply.
II. In that respect, a reasonable DOUBT
ovists then under the established rules
of construction the Intention OF the
legislature should urevail
The contention Of the respondent IS
untenable unless the term law as used
IN mo section Of the Constitution re-
ferred to clearly includes the ConsIitu-
Although the term law in its broad
est sense Includes constitutions Il Is
clear from its connection. In article T.
section 20. and other sections
of the Constitution that u was
no, used In its general sense. hut mere
IN AS a designation of statutory law.
The term law occurs in the sections of
article Z. preceding section 20 OF SAID
article sixteen times and In each IN.
stance the term Is used In ne sense or
statutory law The term is also used
IN numerous other articles Of the CON
stltution In the same sense. THIS rs ap-
parent from the connection IN when
that Term is used IN said section.
II is provided IN section /. article l.
that officers Of the executive depart
ment shall perform such duties as are
provided by this Constitution, and as
may be provided by law
Section IS. provides that Until other
wise provided By law the officers