FREE BOOKS

Author's List




PREV.   NEXT  
|<   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512  
513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   >>   >|  
These two statutes are placed in immediate juxtaposition in the revision of 1875 and deal with kindred subjects, and it is reasonable to presume that the revisers and legislature intended both to receive the same construction. It would seem strange to any common-sense observer that an entirely different meaning should be given to the same word in the two statutes, especially when in giving the narrower meaning to the word in the statute with regard to attorneys, we are compelled to give it a different meaning from that which the same word requires in the next line of the same statute. We are not to forget that all statutes are to be construed, as far as possible, in favor of equality of rights. All restrictions upon human liberty, all claims for special privileges, are to be regarded as having the presumption of law against them, and as standing upon their defense, and can be sustained if at all by valid legislation, only by the clear expression or clear implication of the law. We have some noteworthy illustrations of the recognition of women as eligible or appointable to office under statutes of which the language is merely general. Thus, women are appointed in all parts of the country as postmasters. The act of congress of 1825 was the first one conferring upon the postmaster-general the power of appointing postmasters, and it has remained essentially unchanged to the present time. The language of the act is, that "the postmaster-general shall establish post-offices and appoint postmasters." Here women are not included, except in the general term "postmasters," a term which seems to imply a male person; and no legislation from 1825 down to the present time authorizes the appointment of women, nor is there any reference in terms to women until the revision of 1874, which recognizes the fact that women had already been appointed, in providing that "the bond of any married woman who may be appointed postmaster shall be binding on her and her sureties." Some of the higher grades of postmasters are appointed by the president, subject to confirmation by the Senate, and such appointments and confirmations have repeatedly been made. The same may be said of pension agents. The acts of congress on the subject have simply authorized "the
PREV.   NEXT  
|<   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512  
513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   >>   >|  



Top keywords:

postmasters

 

appointed

 

general

 

statutes

 

meaning

 

postmaster

 
present
 

language

 
revision
 

statute


legislation

 
congress
 
subject
 
included
 

appoint

 
offices
 

appointing

 
country
 

remained

 

essentially


establish
 

unchanged

 

conferring

 

reference

 

president

 

confirmation

 

Senate

 

grades

 
higher
 

binding


sureties

 

appointments

 

confirmations

 

simply

 

authorized

 

agents

 

pension

 

repeatedly

 
appointment
 
authorizes

person
 

providing

 
married
 
recognizes
 

noteworthy

 
narrower
 

regard

 

attorneys

 

giving

 
compelled