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44 Document No, 21. [Session
point sliould not be loest of the western portal, nor further
east of it than ten miles. I think that the Legislature de-signed
to fix the western terminus of the second division
within a space of ten miles ; and the termini of tliis sj)ace
are the portal on the west, and, on the east^ the end of ten
miles measured eastward from the portal.
It is said that the expression, "not more than ten miles
east of the western portal," etc., does no necessarily indicate
tliat the point intended is east of the portal—for that any
]K)int on the French Broad river, a hundred miles west of
tlie portal, is a point which is not more than ten miles ea.st
of the portal. Certainly this is true. And it is so, only
because it is not east at all ; and therefore cannot be more
than ten miles east. This logic leaves the western terminus
of the second division, point no point ; and the attempted le-gislative
description of that terminus must be wholly re-jected,
since it points to nothing. The description then
being rejected, as fixing the point at no place, the true read-ing
of the acct by this logic, will be, " the second division
shall extend from the town of Morganton to some point."
Can it be supposed that the Legislature intended to leave
the terminus so uncertain ? But, if they so purposed, why did
they trouble themselves with any language looking towards
a fixation of the point ? If they intended that the point
might be any where on the route, they would not have
spoken of a spot about the tunnel—a midway station—but
would have said plainly " to any jDoint west of a point t(^n
miles east of the western portal," etc. This obvious de-scription
would have both prevented too short a division and
secured the longest which could have been desired.
Upon the whole, I am of opinion that the Legislature in-tended
to terminate the second division westwardly, between
two points, embraced within a space of ten miles on tht
route, the western extremity of which space is the westerr
portal of the ! wananoa tunnel ; and, of course, that Stat'
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| Title | Page 964 |
| Full Text | 44 Document No, 21. [Session point sliould not be loest of the western portal, nor further east of it than ten miles. I think that the Legislature de-signed to fix the western terminus of the second division within a space of ten miles ; and the termini of tliis sj)ace are the portal on the west, and, on the east^ the end of ten miles measured eastward from the portal. It is said that the expression, "not more than ten miles east of the western portal," etc., does no necessarily indicate tliat the point intended is east of the portal—for that any ]K)int on the French Broad river, a hundred miles west of tlie portal, is a point which is not more than ten miles ea.st of the portal. Certainly this is true. And it is so, only because it is not east at all ; and therefore cannot be more than ten miles east. This logic leaves the western terminus of the second division, point no point ; and the attempted le-gislative description of that terminus must be wholly re-jected, since it points to nothing. The description then being rejected, as fixing the point at no place, the true read-ing of the acct by this logic, will be, " the second division shall extend from the town of Morganton to some point." Can it be supposed that the Legislature intended to leave the terminus so uncertain ? But, if they so purposed, why did they trouble themselves with any language looking towards a fixation of the point ? If they intended that the point might be any where on the route, they would not have spoken of a spot about the tunnel—a midway station—but would have said plainly " to any jDoint west of a point t(^n miles east of the western portal," etc. This obvious de-scription would have both prevented too short a division and secured the longest which could have been desired. Upon the whole, I am of opinion that the Legislature in-tended to terminate the second division westwardly, between two points, embraced within a space of ten miles on tht route, the western extremity of which space is the westerr portal of the ! wananoa tunnel ; and, of course, that Stat' |
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