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Collection: Newspapers > Nevada City Daily Transcript

August 18, 1899 (4 pages)

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fs raf, the Dini Idi proved. ‘March 20th, 1899, atte on which steam — si na) perint endency of Jobn ‘2 ns heard souinbody trying o get ‘repeal the act of 1897 was invalid did hot effect & such: repeal, I have, atthe, 5 a ed ed {nto the rear door of bis saloon. He. mivir “Weep in ths building, and taking a ; re who pretended to be drunk kicked ‘Bim down the steps. ‘The fellow jamped b his. house a night during. bis famlip’s . bsence, It is further alleged that the seme man and woman’ pretailed with . 00. What the city of.Grass Valley porte ‘Hon, John FP. Kidder’s abandonment his plans to build a first-class theaat the corner. of. Bepnett wnd_ Eash) a: for by. having a fine pleasure fasort for the summer months, The pt upon which Mr. Kidder had intendI to construct the play-house is near‘square, On one side it: is} panded: y Wolf Oreek, and’ it.is well handed by some handsome large trees. ite: erprising owner. is how having prepared for .converting this = ation into @ pleasure ground be leased for picnics, celebrations, mlight dances, etc. The proposiWen embraces. the. enclosing of ‘the premises within a bigh board fence, a dance platform, a band-stand, an ornamental building to contain a clubroom and restaurant,a merry-go-round, bowling. and ten-pin alleys, a ring for sporting events such as wrestling and boxing, ‘arbors, etc. The announce‘ment of these plans will be hailed with joy by the -epgrting and the: amusement-loving Seven. of Grass Valley’s population, ‘and. jally by the younger aniealion ‘both sexes who will find it a secluded and delightfal plade in which to while away the long evenings: oft the warm months. ‘Found Hils 0d Clalm Worked Out. E.P. Hutchins, who came out from the Hast three months ago to re-visit La js Plamas county, where he resited, prtrions to thirteen years ago, ast night,on his v way back i “ ie States,” where he has accumu: lated a gi desl of . money. Mr. Hatching left a rich” of placer ground when he removed from La Porte, intending to retarn in time and upon # saloon keeper ‘t6 pert 3 of the United States, recording notices of location thereof, amending defective locations, aud providing for the deposit of district records with codinty Record. ers, and prescribing. the effect to be. given to recordation of noti'e of loca. tion and atfidavi s, approved March twenty seventh, eighteen bundred and n. ninety-seven, is hereby repealed, j “Section 2. ‘This act shall take effect immediately.” Cate ne en ~ Afterexamining the question with some care I have arrived at an opinion directly contrary to that of the Ohairman of the Mineral Lands Committee. Iam clearly of the opinion that the act of 1897 was repented by the aot cs March 20th, 1899. . : ‘The Auestion. for ‘solation is: iaite ‘Simple, as itseems to me, and may be stated as follows’ Will the Courts. ‘eonetrue the act of 1899 ia snob’ & Manner astorender it wholly ineffectuaand absurd, or will they ascertain from the-whole act the intent of the Legislature, and disregarding words inadvertently used, uphold the repealing act ? The di fficulty, if there is apy, arises’ out of the first four-words used in the repealing act, viz : “An act TO REPEAL.” If the words “To REPHAL” are eliminated and the word “gNTrTLED” inserted, no} ‘question would arise but what it effect. ed the repeal of the act of 1897, It is admitted that there was no act of 1897 ttempting to repeal the mining act of that year, aud it follows that if the act, of March 20th, 1899, was an attempt. to }tepeal such'an act. the Legislature of 1899 was trying to. repeal something that never existed, a clear absurdity. Any: rule of statutory construction which leads to an absurdity is. fallacious. The rales of statutory construction are quite simple as will appear in. the excerpts from various decisions bereinafter qaoted. We admit that the rule is quite universal thut where it appears ‘. from the whole act, that a word has been inadvertently used, the courts will substitute the word which. was clearly intended to be used rather than to hold the entire act invalid. Numerous-eases have arisen in the courts involving similar questions to he one: presented here. Correcting a Clear mistake o’ the use of a-wrong . word ina statute is not an assumption . of legislative powers, The jaw’ hae always zed the fact. that errors is one of as ‘demontee solaiton. i the one “Wem st therefore. cousider that to be the provision which the legislature bad in mind.” . “As @ result of the reasoning thecourt held that the number 298 used iu the statute should bo read nimber 296, thas giving to the statate some meanjog instead of declaring ita nullity. Yo ex parte Hedley, 81 Cal: 108, 11e° court said: “The word ‘wiTHOUY occurs twice in this provision, but it is apparent tbat the instance in which it is used last; the word ‘WITHIN’ was the word really intended. ihe. provision: must therefore be so read.” The case of People vs. King supra, bas been approved in many cases among which see State vs. Swall, 29 Minn,, 218; Bareel} ve. “Ayer, 120 N. i, TG In re Wouderburg, 28 Kas., 259, the Court holds: “That if it. clearly: pe pears that a provision of a stat been inserted tbrough inadvertance, it -will be disr@farded.” The principle of the decision approved and appited in Heney vs. State, 84 Ark., 270; Gray vs. County Comms, 83 Me., 46; People vs. Hill, 8 Utah, 858; Cohen vs. Oleveland, 48 Ohio St., 195. In the case of Edwards vs. Railroad .Oo., 18 Col., 62, the Court said: “Hence giving the word. ‘ssurye’ its ordinary ‘signification, and the provision a literal construction, would render the enactment a mere idle collection of phrases, without force or meaning, The question here presented, therefore, is not as to which of two or more views as to the meaning. and effect of a statute shall be taken. It is, rather, shall the statute be regarded as wholly meaningless and ineffective for any purpose ‘whatever? *. * When two legislative purposes each of which renders the law effective, are sugges ted, the courts may not ordinarily supply a word or substitate one word for another, but where the ke aiearwatite is presented of attributing to the enactment a rational purpose and effect, or of regarding it as a dead letter on the statute books, the courts, when necessary, exercise . . great latitude in the endeavor to avoid the latter contimgency.” Quoting from Potters Dwarris on Startives and Ovastivacions the court 1 Doctors Can’ t Cure It! a “. have. “used it its’ ‘attention had. been . . oulled to ft: is “ENTITLED,” aud thus ty, substitution of the proper word the act] is defluite aud certuinand accomplishes the intent of the legislatare, 10 wil: the” repeal of the mining law ot 1897.. Many additional au borivies can ee rea lily cited, but the foregoing. are deemed sufficient to present the trua, rule to be applied in the construction of the<statate of 1899 -Section 1859, O. C.-P., of this. State, provides:: “Inu tion of the legitiature *# = * # isto be pursued if possible.” In this vase the intention of the legislatare the word “ENTITLED”. for “To gEPeaL.” Thus we use the: word: the Jegislature intended to use. and: reject: the. words act becomes valid.a‘id sccomplishes the intent of the law maker. . J. M: WALLIN. Nevapa Cry, Aug 18, 1899. Se How Is’ Your Wite? Has she lost ber beauty? If eo, Cona8.) etipation, Indigestion, Sick, Headaches are the principal causes. Karl's Clover Root Tea has. Nn these ills for half a century. 226 vts.and 50 cts, ‘Money atoniet if resnits are not satisfactory. For sale-by H: Dickerman, the druggist. tf sea the construction ofa Statute the inten: . Dare!, ‘be well-known baker, and: witli
canbe made effective by substituting . — which were inadvertently used, and they be’ Riveo at the First Oalitéruia a regiment retarve from the: a “That Bargain ¢ Colums. re © Ta nearly every town town in the State, . where.a néwspaper is® publistiéd) spe‘eiul agents are eugszed ia proguring “Bargain Golumu.” These agents bay ‘the spuce and till it on contrac 8 for -) three months’ lowed ONE INOH of space. rangement hus been made with tle TRANSORIPT by one of these agents, es Good Bread, Goud Cake. A.J Homunn of the New York Bakery has secured the services of Mr. G. Wm. trom now on serve the public with the fiiest delicacies known to the trade. Uall aud be couviuced, a 17-1£ Style and eS nish. sy Of the. must artiste des gree characterize’ photographs. made by Moore. His gallery has @ wide spread reputation for turning out as high-grade ‘work as can. be attained onthe cossts 5°: 336% GRASS VALLEY, CAs -= meen =a —_ +++ G00 a FALL AND WINTER . DS: ARRIVED The reviei Stock Ever Seen in Nevada County SUITS, PANTS $6.00 UP Cleaning and Sepatring at tise sncet reneee prices. Q. E. WAXEL, The Tailor. advertisemente-for whut is known a8 4). Each advertiser is: al-) Such ano ar-} : Pioneer Jeweler, . SPECIAL ATTENTION .055-SE SER EARNS ERNE em . J. Jc JACKSON, nee Water Collector. August , 1899. tf For Rents 1:3) 5 . ane Bie ce ofered Lo ) fae oc ered for ‘Vilte-oF Bred Be (Berio e088 bie ia French Tansy Waters. Ci These are'the genuine French Ene Wafers, imported di ‘Ladies can geetbcay li eee: : lief from and cure of Peel oo 'Heware of meteors nie FRANOE DRUG COMPANY, riers, San Pranciacs: For eels tye . D. Vinron.sum sold. e. cual amin 8. ae $1.00, does not be ) back aud we will _ for over’ ‘guarantee. Price 25 bie sale by H Peer The festicy: you bay from. me is exer: asi represented. It is new in style there is no deception as to quality, and the prices are low. New Sengus by ~the dozen in FY ‘ HEVER WARE 200 0 Wil: and “Both plated and solid, from the best manufacturers. Thke to show goods and take pleasure in selling them on their merits. : C. J. BRAND, Broad Street. = crear —nnnnn— Is called to our fine line of ~~ ‘ TA A TCE ES = a ' Of American Manufacture. "The superior construction of these Watches by improved and aufomatid machinery enables us to offer a good time piece at a very moderate price. 2D OW,’ T boy Brass Watches at auction sales, or second-hand ones either, when son can get Newer anc reliable goods at our. store for abuat the same.price: (0aF Remember, our repair work will be Telephone West 14. A. & < Hi. W. Hartung To the Ladies : : “We are now offering bargains in Hats, and from now on will make a GREAT. REDUCTION IN THE PRICE OF -TRIMMED HATS. wy. EX. Orawtfora. BEEHIVE ~ — —s GROCERY ; to Proprietor _ Agency For--Monogram Whiskey : Blue Label Catsup Shasta Water, Shasta Ginger Ale aust inspection. fae Successors to F. O. Luetje, Broad 8t., Newada Ciiy <== ~ Depot for. , Fancy Groceries — PATE FOIS. DEVILED AND POTTED MEATS AND FISH. will at tim: cur in . legislative enactmente, and the law-making power has laid down rales for the guidance of the courts in cases like the one uuder consideration: The vase of people vs. King, 98 Cal. 274, announces the true :ale and has eye . eocail a 8, &. ta-the only cv ‘Geen, approved many times, In this . for this mi, use it is case of people ve. King, the Logislatnre a ay ee remedy ey Sain geet aoe bs used the.words “two ‘bundred and pst pate wma pee -ninety:THREs” instead of the words ieee need Deine aul (hs “two haudred and ninety-six.” The). Me No good. though I took Court said : treatment faith«The reference to Section 298 does wae ai 1 pleat ae not express the legislative intent. That 9, 8 in‘ent. finds expression only in Sec~~ . tton 296,and the amendment must be read as-though the reference were me the latter Section instead of the former.) 2 Bat itis urged that to, strike out the} word “THeee” and insert the word “six” . -. would be to amend the amendment, . g0od . and not to construe it; and tbe point,. alt ". considered abstractly, must be admit-. 7” a” well sales . let eee met Mascot Whiskey ....ccccec-.csesseereee$l OO Mileado eg copabeagenseteaibe : Duffy’s Malt Whiskey 1 00 PEER POND ava 9:2 aegenn sien aqn: thd pense Pepsin Whiskey . Clairette Soap:..i....0:00. Game Cock Whiskey...,...... + 100 Monarch (Jug) Whiskey 1 00 Water Queen Soap. eoverccccscecccoeen eos LX L Whiskey........0. pideates 75 . Copco (white) Soap. ........ wese Rock & Rye sla 1 00: Cashmere (white) Soap Maple Ram. Sovesecerewscnscoseccane peo 1 00 , Dandy Soap, 20 bars. _ pees ran ran 80 ect BOND cster-osv econo 6 pdt Wine. OPC cocewwesercovocs os Sea Foam Wash’z Powder,8lb pekg Diamond Dust Washing Powder.. ** ARABIAN ROAST’? Coffee is the Best.. Give it.a Trial. Broad St., 2d door below Armory. Hall, Nevada City. work it. It wag to do this he came out ae ‘ this summer, bat when he got back 1o the old stamping groand. he found that the. claim’ had .all* been hydraulicked away to bed rock thin ‘his absence. how . wGslipinaloers given lash evening at the homie of Mr. and Mrs. Colin M. Hatry ot Piety Hill. Miss Mary bens haha some twenty; awe pint eee. es and gentlemen: in ‘Pioomtela ecctoes blood poison is absolutely beyond the skill of the doctors. They may dose a patient for years on their mercurial and potash remedies, but he will never he rid of the disease; on the pk, ho his condition will grow soothe worse. §. 8. 8. is the only cure ao, = apy, 1D, 3) WI oY, AT CO ST For Ten Days s I} lf you want the best — Insist on having. “Misa: McKinney. of North iIf you are aod For Bargains! NOW IS YOUR CHANCE. — Summer Silks, Lawns . Figured Organdies, Ete, : Snell & Fleming,! (Up-to-date Merchants.) IEE SCICCESS Or THEPEN pacer ieee For sale at ‘DICKERMAN’S, DRUGS,ZSTATIONERY, PHOTO SUPPLIES. . Broad Lisa corner Pine.