The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-31
WITHIN Spirit, Not Letter.

like the employment of a Christian
minister.
Within Spirit. Not Letter.
cit is a familiar rule said Justice
Brewer, that a thing may be within
the letter of the statute, and yet not
within the statute. because not within
It's spirit, nor within the intention of
it's makers. This has been often as
serted, and the reports arc fun OF
cases illustrating It's application. This
is not the substitution of the will OF
the Judge. for that of the legislator
for frequently words of general mean
ing are used In statute, words broad
enough 10 include an act III question,
and yet a consideration OF the whole
Legislation, or of the circumstances
surrounding its enactment. or OF the
absurd results which follow from Civ
Ing such broad meaning to the words,
make il unreasonable TO believe that
the legislator intended to include the
particular act
The whole of this opinion consti-
tutes in effect an argument that
literal construction should not be
given to the statute. but reasonable
Interpretation, not the rule of the
letter which kills
The court, which concurred In that
opinion. included Chief Justice Fuller
Brown. These jurists deliberate adj
Judged that case. which concededly
was within< the express language of
the statute, was not controlled by it,
because the acts complained Of al
though within the letter. were not
within the intention OF Congress.
This was nothing more or less than
applying 10 the construction and APP
plicatton Of statute the rule of con-
struction invoked by the Chief Justice
In the Standard OH case. namely, that
OF examining the case hy the light of
reason. lest the literal construction
and application OF the law should
bring about the very destruction and
restraint OF all trade and commerce
which II is the purpose OF the statute
to prevent @
Or, as was said In the Joint traffic
case. BY Justice Peckham himself, the
net OF Congress must have a reason
able construction. or else there would
scarcely be an agreement or contract
among business men that could rot
be said TO have indirectly or remotely
some bearing on interstate commerce..
and possibly to restrain it,
The decision In The case OF the
Church of the Holy Trinity clearly
demonstrates that no new principle
is introduced by the rule of construo-
ton adopted by the court in both the
standard Oil and the tobacco cases.
but that the same rule was applied
there which has often been applied
tefore. OF reading several words IN a
statute by the light of the reason for
the enactment of the statute, the his
tory OF the evil which gave rise to the
legislation. and the purpose for which
| the legislation was enacted; and the
! further duty to give TO the words OF
. statute. If posi- Bile. an interpre:a-
ton which, while accomplishing tho
result. Will avoid the untoward conse-
auences which would necessarily fol-
low narrow and literal interpre-
tation of Its meaning"
Little Delay Expected
Little delay may be expected in the
issuance OF the mandate OF the Su-
preme Court of the United States
which Will put Into effect Its decree
| In either the tobacco suit or the Stand
ard OIL case Just decided by that tri-
bunal
The courts mandate in the latter
! caHe probably vii! be issued at tho
| request Of Department OF Justice as
| soon as the Offices OF the clerk of the
! Supreme Court are opened to- morrow.
| Had this not been a public holiday Il
proba bly, would have been issued to-
DAY The six months given 10 the
| Standard OH TO dissolve Will begin
with the Issuance of the mandate of
| the court. II will be directed TO the
Circuit Court OF the United States for
tie Eastern Dia,rict of Missouri. in
/ wn!ch the case originated
! II ss regarded es more than doubt
I ~! II the tobacco corporations avail
Themselves Of the opportunity granted
l b. the court irgt Before st adjourned
/. 70 file motion for rehearing within
/ 'h!sty days The attitude OF the court
( IL regarded an hostile to such a re-
I Fueat.
/ Chief .;ustice White has let the cor
! p2rationa understand that delay OF
! tnirtJ dayh in preventing an unsuc-
cesstai Da,iuon FOR rehearing will
! mean that the aix or eight months
I ziYen them 10 &c; into harmony with
! 'hs ia~ w'i' be reduced Just as many