Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-10-06

iohN VI arrest against d carrier lot
murder. the Court observing that no
officer Of the United States was placed
by his position above responsibility to
the legal tribunals Of the country, and
to the ordinary processes for his arrest
and detention when accused Of felony.
All laws. said the Court, should re-
ceive a sensible construction. General
terms should be SO limited in their ap-
'plication as not to lead to Injustice,
oppression, or an absurd consequence.
II will always, therefore, be presumed
that the Legislature intended excep-
tions to its language, which would
avoid results of this character. The
reason of the law in such cases should
prevail over its letter.
A case was cited from Plowden. hold
ing that statute which punished a
prisoner as felon who broke prison
did not extend to a prisoner who broke
out when the prison was on fire, for
he is not to be hanged because he would
not stay to be burned.
Necessity and Cause,
/ In Atkins V. Fibre Disintegrating
Co. 1t was held that a suit In
personam in admiralty was not civil
suit within the 18th section of the ju-
ciciary act, though clearly civil suit
in the general sense of that phrase,
and as used in other sections of tn,
same act. IL was said by Mr.
Justice Davis: II a literal interpreta-
ton OF any part Of 1t "a statute) would
operate unjustly, or lead to absurd re.
suits, or be contrary to the evident
meaning of the act taken as a whole,
1t should be rejected. There is no bet.
ter way of discovering its true mean
ing, when expressions in it are rend-
cred ambiguous by their connection
with other clauses, than by considering
the necessity for 1t, and the causes
which induced its enactment. .
In this latter case QLau ow Bew V.
U. 81 II was held that statute re-
curing the permission Of the Chinese
government, and the identification of
every Chinese person other than q
laborer, who may be entitled by said
treaty or this act (of Congress) to come
within the United States; did not ap-
ply to Chinese merchants already DOM
itiled in the United States, who, hay
Ing left the country for temporary pur-
poses, amino reverend, seek to re-
enter 1t on their return to their bust
ness and their homes. Said the Chief
Justice: Nothing is better settled
than that statutes should receive a SEN
sible construction, such as will effectu-
ate the legislative intention, and, II
possible. so as to avoid an unjust or
an absurd conclusion.
English Cases.
Two recent English cageL are instruc-
tive In this connection: In Plumstead
Dist. 3D. of Works v. Spackman.
II was said by the Master of Rolls, af-
forwards Lord Esher: III there are no
means of avoiding such an interpre-
tation OF the statute las will amount
TO a great hardship a Judge must
come to the conclusion that the legls-
lature by inadvertence has committed
an act OF legislative injustice; but, to
my mind, a judge ought to struggle
with all the intellect that he has, and
with all the yigor of mind that he has,
against such an Interpretation of an
act OF Parliament; and, unless he il
forced TO come to contrary conclu-
sion, he ought to assume that II is i'm
possible that the Legislature could have
so intended
In the last mentioned case. In anoth-
er part OF the decision, the Court says:
"The question is whether, in continu-
Ing the municipal legislation OF the
islands not contrary to the Constitu-
ton OF the United States, II was in
tended to abolish at once the criminal
procedure heretofore in force upon
the Islands, and to substitute immed-
lately. and without new legislation, the
common law proceedings by grand and
petit jury, which has been held ap-
plicable to other organized territories"
And again:
"Of course. under the Newlands res
olution, any new legislation must con-
form to the Constitution OF the United
States; but how far the exceptions to
the existing municipal legislation were
W hbOllbn tAlbNlub laws
depend somewhat upon circumstances.
Where the immediate application OF
the Constitution required no new leg
islation to take the place OF that which
the Constitution abolished, 1t may be
well held to have taken immediate eff
feet; but where the application Of q
procedure hitherto well known and ac-
quiesced in left nothing to take Its
place. without new legislation. the re-
suit might be 30 disastrous that we
might well say that II could not have
been without the contemplation OF Con-
sress. In all probability the contin-
gency which has actually arisen &C.
Cured TO no one at the time. II Il had.
and it's consequences were foreseen. II
is incredible that Congress should not
have provided against It," And again;
THE language OF Mr., Buchanan, then
Secretary OF State. In holding that the
military government established in
California did not cease to exist with