Ott v. State ex rel. Lowery

Citations

• 78 Miss. 487

Syllabus

<p>1. Municipalities. Election of inferior officers. Code 1892, $ 2993. Outgoing and incoming hoards. Regula/)' meetings. Code 1892, § 2989. Ih„ § 3030.</p> <p>Under code 1892, $ 2992, providing that at the. first regular meeting of the mayor and board, of aldermen succeeding each regular municipal election, they shall elect inferior municipal officers, the new or incoming mayor and board of aldermen alone have the right to elect such officers; and this is true even when a regular meeting, under code 1892, § 2989, is to be held by the old board after the election, and before the organization of the new one, as provided in code 1892, g 3030.</p> <p>2. Same. Code 1892, $ 2992. Time. Usual course of. Exceptional.</p> <p>The statute, code 1892, $ 2992, must be construed in the light and as part of the entire chapter on municipalities; it was adopted in view of the general course of things, and without reference to the exceptional.</p> <p>3. Statutory Construction.</p> <p>“A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute, unless it be within the intention of the makers.” People v. Utica Insurance Co., 15 Johnson (N. Y.), 358.</p> <p>4. Same. Contemporaneous construction.</p> <p>Contemporaneous construction, by those whose duty it is to act under and administer it, is helpful in arriving at the meaning of a doubtful statute.</p> <p>5. Same. Absu/rdity.</p> <p>Courts will not, if it can be avoided, give a statute a construction which leads to absurdity.</p>