(Download) "State Ex Rel. Bevan v. Mountjoy" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Bevan v. Mountjoy
- Author : Supreme Court of Montana
- Release Date : January 20, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Injunction ? Primary Elections ? Time for Filing Nominating Petitions ? Construction of Statute. Statutes and Statutory Construction ? When Statute not Susceptible of Interpretation. 1. Where the language of a statute is plain, unambiguous, direct and certain, it speaks for itself and recourse to interpretation is unnecessary. Same ? Statutes in Pari Materia may be Considered. 2. In ascertaining the meaning of a statute intended by the legislature, statutes in pari materia may with propriety be taken into consideration. Primary Elections ? Time for Filing Nominating Petitions ? Statute ? Construction. 3. Held, on application for writ of injunction to prevent certification of names of certain aspirants for state office as candidates to be voted on at the primary election to be held on July 17, the date fixed by law for such election, that the provision of section 644, Revised Codes 1921, as amended by Chapter 133, Laws of 1923, p. 385, requiring the filing of petitions for nomination for state offices with the secretary of state "not less than forty days before the date" of the election, construed in the light of other sections of the Code fixing the time within which the secretary of state shall certify the names of such candidates as in pari materia, is exclusive, making inapplicable the provision of section 10707, Revised Codes 1921, that the time in which any act provided by law is to be done must be computed by excluding the first day and including the last; that, forty full days being required, the date of filing must be excluded from computation and, the section providing that the filing must be done forty days before the date of the election, July 17 may not be counted; that therefore nominating petitions were required to be filed before midnight of June 6 and petitions filed on June 7 were too late and the names of the candidates therein mentioned not entitled to certification. Secretary of State ? Office Hours ? Under Statute may Conduct Business at Any Time During Twenty-four Hours of Day. 4. Under section 453, Revised Codes 1921, fixing the office hours of the secretary of state as from 9 oclock in the morning until 5 oclock in the afternoon of every business day "and at other times when the accommodation of the public or the proper transaction - Page 595 of business requires," he may transact business in his office at any time during the twenty-four hours of each business day. Statutes and Statutory Construction ? Doubt as to Meaning of Particular Phrase ? Rule. 5. A legislative enactment must be so construed that the whole will stand, and where there is any doubt as to the meaning of a particular phrase therein it must be given such a reasonable construction as will harmonize it with other provisions dealing with the same subject. Same ? Computing Time ? Rule of Construction of Statute. 6. In construing statutes relative to computation of time, courts will carry out the intention of the legislature which is to be gathered not only from the language used in the provision under consideration, but from the context as well, and whenever it is apparent that only clear days are meant, its intention will be followed regardless of the particular language used in the clause.