38 Cal. 291 | Cal. | 1869
We agree with respondents, that, although there is in the Act of 1868, for the encouragement of silk culture, a section repealing the Act of 1866 in relation to the same subject, the second section of the Act of 1868, providing that persons may claim premiums under the Act of 1866, and forbidding those claiming premiums under either Act from claiming under the other Act also, shows that the Act of 1866 was not repealed for all purposes. It was, in our opinion, left in force for the benefit of all those who had, at the time of the passage of the Act of 1868, already planted mulberry trees under the encouragement offered by the Act of 1866.
The question of the greatest importance in the case is, whether a parcel of land which is planted in mulberry trees can be subdivided by imaginary lines, so that each subdivision shall constitute a plantation, within the meaning of the Act of 1866. The decision of this question, we shall assume, is desirable and important, not only to the State, but also to the State Board of Judges and the claimants; for the claimants would not desire to receive, nor the Board of Judges to award, premiums that had not been earned in accordance with the provisions of the statute. We are of the opinion that the manner in which the premiums have been awarded presents an opportunity for the decision of the question.
The statute offers a premium of $250 for “ each plantation of five thousand mulberry trees of the age of two years.” A plantation is “a place planted; land brought under cultivation ; ground occupied by trees or vegetables which have been planted; especially, in the United States and West Indies, a large estate, cultivated chiefly by negroes, either slaves or free, who live, in a distinct community, on the estate, under the control of the proprietor or master.” (Webster’s Dictionary.) Bouvier, after saying that the term is applicable to the English Colonies in America, defines it as a farm. A cotton or sugar plantation is an estate or farm
The force of this construction is not impaired by the Act of 1863, the “conditions and requirements” of which, and of the Act of 1862 were made applicable to the Act of 1866. The Act of 1863 provides that “ any person producing or manufacturing any one of the articles or things named in the Act to which this Act is supplemental [the Act of 1862], in one fourth or one half the quantity named therein * *
shall be entitled to one fourth or one half of the premium,” etc. According to this provision, the person “producing" a plantation of twelve hundred and fifty mulberry trees would be entitled to one quarter of the premium granted by the Act of 1863, and the person “producing” a plantation of twenty-five hundred mulberry trees would be entitled to one half of such premium. But, whether the number of trees grown upon the same farm or parcel of land amounted to twelve hundred and fifty, or twenty-five hundred, or five
The correctness of the opposite construction may be tested by result and consequences—that is to say, if there ever was a case in which their use as a test was allowable, this is preeminently the case. There must be conceded to the members of the Legislature, at least, the average arithmetical capacity, and a proper regard for the welfare of the State. A short calculation will show that it is incredible, that the Legislature should have intended such results, as the subdi
If, then, a plantation of mulberry trees is a farm or tract of land planted with mulberry trees, whether the trees amount to five thousand, or multiples of five thousand, or aliquot parts of five thousand—a proposition upon which we have not a shadow of doubt—then it must follow, that neither the claimant nor the State Board of Judges could devise or get at such a thing as the half of a plantation, except by drawing imaginary lines through a plantation. A half of a plantation is not attainable in any other way. It would be no more absurd for an exhibitor at the State Fair to demand a premium for the half of a horse, or a horse and a half. There was claimed and there -was awarded by the Board of Judges, premiums to one claimant for twenty-four and a half plantations, to another for fifteen and a half plantations, and to another for four plantations; to another for two plantations, to another for twelve plantations, and to another for one and a half plantations. The Board of Judges had no jurisdiction to allow a premium for a