Cheyney v. Smith

WRIGHT, C. J.,

dissenting.—The court, in the majority opinion, rightly hold that section 1852 of the United States Revised Statutes, as amended, is mandatory in its terms; but the opinion holds that, when Congress said in said section that the sessions of the said legislative assemblies of the various territories should “be limited to sixty days’ duration,” it meant sixty legislative working days, and not sixty consecutive days. We are unable to concur in this view; and we now proceed to analyze this section, and endeavor to show that the language employed by Congress necessarily limits…