Page:Hawkins v. Filkins 01.pdf/4

RhT, 1866.] Hughes vs. State, 1 Eng. 131. Penal laws cannot be so construed as to embrace doubtful cases, and unless it were the clear intention to take away vested rights, then the clause must be held to be inoperative in that respect.

But, above all, let us apply the following rule: "A statute is to be construed, if possible, so that no clause, sentence or word shall be void, superfluous, or insignificant." ''Wilson vs. Biscoe, 6 Eng. 44; Kelly vs. McGuire, 15 Ark. 555.'' If the construction contended for by the appellee is to hold good, then the general saving of individual rights may as well be stricken out, since only the rights afterwards specially named are reserved.

For the "RIGHTS OF INDIVIDUALS" therein mentioned, should receive the most liberal construction, for the rule of law is; in the construction of statutes, in all things "favorable" the utmost latitude is to be given to the words, whilst in all things "odious" the words are to be restricted to their narrowest sense. ''Smith's Commentaries, page 649, secs. 496, 497, 498.''

As to what is meant by "rights of individuals," we will simply refer to ''1st Black. Com., p. 93; 1st Stephen's Black. Com., pages 128 and 153.''

But if the convention did intend to effect the purpose, that it is contended the words used in the preamble import, the same is nugatory and without force for want of authority in the convention to effect the same.

We should bear in mind that this is a question between citizens of the state of Arkansas, simply, and in which no other power, state or individuals have any interest or concern; and that the proposition necessarily results, and which is the law of nations, that as to private rights and quoad its own citizens, when, by revolution or otherwise, a new government is for the time established, it does not need the recognition of other nations to validate it, but quoad its own citizens and internal affairs, it is not only a government de facto but de jure, for it exists, no matter what finally becomes of the government so temporarily established. ''Wheaton's Int. Law 56, (3d Ed.) and 310;'' 20