Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-02-22

once and escape being hairless.
Fietcher's Drug Store sells, it with
itching scalp. and Danish all dandruff,
or money refunded.-Adv.
amendatory language, but in the re-
cital very obvious error was made
in incorporating the original obsolete
provision authorizing an increase in
the membership in the House to two
hundred under certain conditions.
We do not feel that this error IN re-
citai, so palpably inconsis tent with the
express intention of the resolve,
should be treated as having the effect
or restoring the obsolete provision. 1t
is well Recognized that in the interpre-
'tation of both Constitutional and stat
Ntory amendments. the real intention
" the legislative body is to be given
ehect wherever possible, that all other
provisions offthe Constitution and of
existing statutes in pari materia are
10 De read together, and that conss-
quences manifestly not within the
spirit OF the law makers are to be
avoided. Their intention inferred
from a reasonable Interpretation of all
NNASth NAPi CSSiOllS upon lne SODleCt
matter constitutes the real law.
A careful search of the authorities
1aiis to disclose cases precisely in
point involving the construction OF
Constitutional provisions, but similar
problems have occasionally arisen in
cases where statutes have been amend.
ed ana IN reciting the original statute
as amended, intervening legislation
mas been overlooked resulting in an
erroneeus statement of the effect OF
the amendment after the words so as
u READ as follows" The decisions in
such cases appear to be uniform to the
erect that the true intent of the legis-
lature should be given effect and the
OBVIOUS error in the recital disre-
garded. The case most closely in
point is that of Svennes VS.. West Sa.
lem, ia Wise. $50. The first para.
graph of the syllabus contains the gist
OF the decision, which is as follows:
"A statute (Sec. 31S7a. Stats. 1889
was amended by striking out certain
words. "a subsequent amendment was
eSspIesSiy united to another portion
or the section. but by inadvertence the
words before stricken out were, incor.
porated in the recital of the section
as amended. Held, that such recital
uiu not re-enact those words but the
clerical error should be disregarded. .
The following language from the
opinion is also in point:
The question recurs whether smell
mere recital had the effect to re-enact
Ine tour words SO expressly stricken
nuu twp years before. Such amend.
inents by its terms was expressly lin.
lted 10 the third line of the section
whereas the sentence in question com.
menced in the sixteenth line of The
1 fentio rhere was p1anifestly no in
behtlon of changing the last Sentence
ol the section in any manner. BY in.
adVertence. there was a failure r.
recognize the fact that the four words
mentioned had been stricken out tive
years before; This court has repeat.
edly held that such "a mistake OF ),
omission in such recital will NOT de.
feat the intention of the Legislatures
w ps 51h Y s,s at'roaus; 81 Wis; Sl4. 30 y
~ N. w. .260. Such clerical errn,. !,
ane recital OF the section as amended
must therefore be disreearded snG
e s,,ecifiedg gwen only to the amendment
To the Same effect is Lewis vs.
brandenburg. 105 Ky. II. in which 4be
contention was made that where afte,
Il specific amendment the legislat ,re
declared that the section as amended
would read as follows the section
DIS mus enacted, being the last ex-
preston of the Legislative will, con-
stituted the law on the subject.
ne Court called attention to the fac,
that the particular amendment wou,d
not make the statute read as follows >,
ana the statutes. although passed AZ
inherent times, should all be read to-
setier TO ascertain the true intent.
The general principle is also borne
out by the text of Lewis Sutherland
on Statutory Construction, Vol. I 2nd
Ed. paragraph 234.
Respectfully yours
eRANSFORD w. SHAW
Attorney General.
On motion of Mr.. Farnsworth of
Car bou, the. above communication
was ordered placed on file.
Me- MOODY of York: Mr.. Speaker
move that 500 copies be printed.
The SPEAKER: Mr.. Moody of
York moves that 500 copies of tho
communication from the Attorney
General he printed. Does the Chair
hear it seconded? (No response).
The following bills, resolves and
petitions were presented and. unon
recommendation of the committee on
reference of bills, We're referred to the
following committees:
Agriculture
BY Mr.. Crabtree Of Island Falls.
Bill AN Act to amend Sections 10
and III of Chapter four of the Re-
rised Statutes, relating to payment
of damages done by dogs and wild
animals 10 domestic animals.
Education
BY Mr.. Hinckley of So. Portland:
Bill IAN Act to amend Sections 16e.
ITO, III, 172, 113. ia, Us. 116 and III
of Chapter 16 of the Public Laws of
the State of Maine relating to teach
ers' pensions.
Judiciary
BY Mr.. Hinckley of So. Portland;
Bill AN Act to prevent cruelty in
saughtering of animals
Placed on File
BY Mr.. Thomas of Chesterville: Re-