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Page: of 4

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n. ninety-seven, is hereby repealed, j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.