ning to the end of its day, is altogether erroneous.[1] I think the instances must be rare, if any can be found at all, in which this method of interpretation has been applied in English or American law to ordinary legislation. I have no doubt that it has been applied in the past and with increasing frequency will be applied in the future, to fix the scope and meaning of the broad precepts and immunities in state and national constitutions. I see no reason why it may not be applied to statutes framed upon lines similarly general, if any such there are. We are to read them, whether the result be contraction or expansion, in "le sens évolutif."[2]
Apposite illustrations may be found in recent statutes and decisions. It was long ago held by the Supreme Court that the legislature had the power to control and regulate a business affected
- ↑ Kohler, "Interpretation of Law," transl. in 9 Modern Legal Philosophy Series, 192; cf. the Report of Prof. Huber on the German Code, quoted by Gény, "Technic of Codes," 9 Modern Legal Philosophy Series, p. 548; also Gény, "Méthode et Sources en droit privé positif," vol. I, p. 273.
- ↑ Munroe Smith, supra.
