The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1913-04-24
Washburn Wisconsin. Thursday April

the number might not equal one
third of the entire vote cast in such
city for all candidates for governor at
the last preceding general election
This introduces an ambiguity into the
statute which must be cleared up by
construction, if at all.
In the case of the State ex rel M.
St. P. & S. S. M. R. Co. VS.. Kr.
Comm, 137 Wis. 80, P. IS, the
court lays down the following rule
with reference to the construction of
the statutes:
The actual judicially determined
intent must always govern ifexpressed
at all so as to be discernible by the
searchlights which the court possesses.
They permit of looking at written
law as whole, to the subject with
which it deals, to the reason and
spirit thereof, to give words broad
or narrow construction, going eli ther
way to the limits of their reasonable
scope, to supply omitted words which
are clearly in place by implication, to
change one word for another in case
of the wrong one being used, and so
read out of the enactment the real
intent, even though it may be con-
trary to the letter thereof.
One of the most familiar and safe
carons of construction may be stated
thus: For the purpose of clearing
up Obscurities in law it should be
read with reference to the leading
idea thereof, such idea being re-
garded as such limitation upon par
ticular words or clauses and expansion
of others within the scope thereof in
connection with that of words clearly
implied, and be thus, if reasonably
practicable, brought into harmony
with such idea" ".
"In looking at the provisions of
the statutes in question as a whole
it is very apparent that the legisla-
ture intended to provide method of
recalling all city officers.
The section provides that the
petition for his recall be signed by
electors entitled to vote for sue
cessor to the incumbent" In case of
the recall of officers elected by the
city at large the provisions of the
statutes seem ample and unambigu-
"The difficulty with reference to
the recall of aldermen arises from the
fact that while the statutes provided
that the petition therefor should be
signed by electors entitled to vote for
his successor, it did not provide that
the number should be equal to at
least one-third of the entire vote
cast in such ward for all candidates
for governor at the last general cleo
tion. If the words ward or district
were added after the word city" the
section would :: then express in terms
what! t!seems to have been the intention
of the legislature. Unless such words
be added by construction, and the
statute is to be interpreted rigorous
ly as it is written, it will defeat the
manifest purpose of the legislature in
enacting it. Such construction
should be avoided if the legislative
Intent be apparent or can be gathered
from the act as whole.
81 have NO difficulty in interpreting
the spirit of the legislature taking
the enactment as whole, to be to
provide for the recall OF all city ofis
GERS and that under the rule of con-
struction above quoted ward or dis
trict" should be supplied after the
word city so that the section will
then read equal in number to at
least one-third of the entire vote cast
in such city, ward or district, for all
candidates for governor at this last
preceding general election" This
construction will give full force to the
statute. Any other construction will
defeat the manifest legislative purpose
and intent.
If the above construction were to
be taken it would then appear that
the petition for the recall of Alder
man Ambiy contained a sufficient
number of names. A bill correcting
this part of the law has been intro
duced in the legislature and will un-
doubtedly be passed within short
time.
Position wanted as Stsnographer.
leave word at Times Office.