Page:State v. Johnson.pdf/5

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qualify and enter upon the discharge of the duties of their offices, within fifteen days after they have been duly notified of their election or appointment." (Sec. 10, Sched.) One of the first rules of construction is, to ascertain the intention of the law-making power, and carry that intention into effect, if it do not contravene the fundamental law of the land. It is not insisted, that the determination, that the clause of the schedule above quoted, as either a mandatory or directory provision, would contravene any provision of the Constitution, and all that now remains for us to determine is, whether it is a mandatory or directory. Another well established rule of construction is, "where there is nothing doubtful—nothing ambiguous—no words made use of which operate to defeat the manifest intention of the Legislature, there is nothing left for construction." (2 Ohio, 65; 9 Ohio, 553.) Now let us apply these plain simple rules to the language before us. "All officers shall qualify and enter upon the discharge of their offices, within fifteen days after they have been duly notified of their election or appointment." Is there any thing doubtful about the meaning of this language? Is there any thing ambiguous about it? Is it not plain and easy of comprehension? Is there any reason why any new term should be interpolated into the clause quoted, in order to save any natural or acquired right to the citizen? There is none that we know of, and in the absence of a necessity, we are unable to see why it should be done. If the Lieutenant Governor failed to qualify within the fifteen days, or wholly failed to qualify, the existence or permanency of the State government would not have been jeopardized, nor would any public or private interest have suffered. It is true that the Constitution makes it his duty to preside in the deliberations of the Senate, but his failure to preside would not work a suspension of legislation, for the Constitution provides for the election of a President pro tempore. If the schedule declared that all persons elected under the provisions thereof, should qualify before entering upon the discharge of the duties of their respective offices, and fixed no specific time