The Washington times., 1902-07-17
COMMISSIONERS CAN
CONTROL STREET LAMPS

posts. They are a reproduction In to-
tidem verbs of the second clause of
the general legislation apprOpriating
500, GOO This clause in the proviso.
as il stands. is repugnant to the clause
in the general legislation making the
appropriation We have here an apprO
ration, among other things, explicitly
for purchasing and expense Of erecting
and maintaining new lampposts, etc.
and the question is whether this gen.
eral legislation is rendered nugatory by
.hc repugnent proviso. One of the rules
o. statutory construction as laid down
by Chancellor Kent is:
When the expression in a statute
is special or particular, but the reason
is general, the expression should be
deemed general, and the reason and in
tcntiCn OF the iawgiver will control the
strict letter of the law. when the lat
ter would lead to paipable injustice.
contradiction, and absurdity saving
clause IN q statute IS to be rejected.
when it is directly repugnant to the
purview Of the body OF the act, and
could not stand without rendering the
act inconsistent and destructive OF it
self But there Is a. distinction in some
of the books between saving clause
and a prcviso in the statute. though
the reason of the distinction is not
ver- apparent. A proviso repugnant to
the pu-view OF the statute renders IL
equally nugatory and void as a repug-
nant saving clause; and it is difficult to
see why the act should be destroyed by
the one and not by the other, or why
the proviso and the saving clause,
when inconsistent with the body of the
act. should not both OF them be equally
rejected
''The Court of Appeals in a recent
case (Groff VS.. Miller) cited this au-
thority with appreciation.
''It would be contradiction in terms
and lead to absurdity to read this pro-
viso as requiring a party contracting
with the District to purchase, erect,
and maintain new lamps. posts, etc.
when the general appropriation provid-
ed for their purchase. erection. and
maintenance by the District
The Act of Congress.
AN act OF Congress is not to be so
construed, If any other reasonable con-
struction can be given to its terms.
1T is claimed by counsel Tor the Wash
ington Gas Light Company that the
proviso is to be read: Provided. That
no more tlill F-v pei aIAuiil lpA 'tI.i
street lamp shall be paid for gas. and
that the words: lighting. extinguishing.
repairing. painting. and cleaning. re-
late to oil and not gas.
Il do not agree with this contention.
The ph-aseology of the proviso in the
act for the fiscal year end
ing June 80, 1902. was almost identical.
namely:
provided. That no more than 500
per annum for each street lamp shall
be paid for gas, and no more than $50
for oil. lighting, eXtinguishing, repair
ing. painting, ana cleaning under any
provided for in this act
And the contemporaneous construc-
tion placed by the parties upon that
phraseology wss otherwise.
1t is a settled rule of statutory expo
sitiou that the contemporaneous con
struction of a statute will be followed ny
the courts unless plainly erroneous.
1t is further claimed by counsel for
the gas light company that the remain
ing words OF the provisO, namely: 'Pur-
chasing, expense OF erecting and main
tanning new lampposts. etc. is a llmi-
fatiou as to the amount which is to be
hGll lieENlDEs tllsN Is tlidA no more llluu
500 can be paid for the purchase. erec-
lion. and maintaining OF each new lamp
post
The electrical engineer calls atten-
.ion to the fact that it was the pur-
pose Of Congress to have the prices paid
,or gas. oil, and WelsbaCh street lights
include purchasing. expenses of erect
ng and maintaining new lampposts,
etc. and that this appears from the re-
port OF the House Committee on Appro-
priations and the hearings before the
1T is very doubtful whether recourse
may be had to such sources of infor
nation in the construction of statutes.
Under some circumstances and for Some
purposes they may be examined and
considered in aid of construction. bur
not for the purpose of reading into the
statute an uneXpressed intention incor-
iistcrt with and destructive o! it's plain
~ expressed portion.
Intention Of Congress.
while il may have been the intent of
Congress tc require the ontraetins
-ompanies to purchase, erect. and ma n