It is only when

earlier enactment were unnecessary." "an omission in the later act of words used in the earlier one, and not supplied by any natural sense of words employed." Even when the omitted words were material to the sense, but might be implied, the omission would not, in itself, be considered material. As was held in the case of Ford v. Ford, 143 Mass. 577, where an act permitting divorce on the ground of desertion required that the desertion be without the consent of the party deserted, and a later act omitted those words, that they were implied in the phrase "deserted." But the second act will not operate as a repeal merely because it may repeat some of the provisions of the first one, and omit others, or add new provisions. Barnard v. District of Columbia, 127 U. S. 406.

Therefore, the presumption does not arise that the legislature intended to repeal the offense expressed in those words, but intended that the offense expressed by them should continue, as modified by the language used in the amended act. Nor do I think the rule contended for, that, for the purposes of ascertaining the legislative intent, repealed statutes are in pari materia with a statute in force. We do not think that the weight of authority ever went to that extent. We find it thus laid down: "But an act of parliament, when repealed, must be considered as if it never existed. A doubt has been felt how a subsequent statute can be taken to be incorporated with such an act, not in esse or in fuisse, and if the act, not a subsisting act, may be referred to to assist in the construction of another act upon the same subject, yet how can an act that is supposed to never have existed be said to be in pari materia with any other act. The theory was denominated by Lord MANSFIELD as 'shocking.'" Potter, Dwar. St., p. 191. But, whatever the rule may have been in different cases, they have all been subject to the

following, which is clearly applicable to this: "Where the last statute is complete in itself, and intended to prescribe the only rule to be observed, it will not be modified by the displaced legislation, as laws in pari materia." Suth. St. Const., sec. 286. And this rule applied where the repeal was by implication only. But where there has been an amendment to an act expressed "to read as follows," with the repealing clause of all laws and parts of laws in conflict with it, yet that the former or repealed act should be construed by the court to still be incorporated into the amended act so as to modify, limit, or restrict the plain meaning of the language used by the lawmakers, so as to make it a repealing statute, I do not find supported by the authorities. On the contrary, amendatory acts should not receive a forced construction to make them repealing statutes. Lucas Co. v. Chicago, B. & Q. R'y Co., 67 Iowa, 541. In the case of U. S. v. Bowen, 100 U. S. 508, it is said: "The Revised Statutes must be treated as the legislative declaration of the statute laws on the subject which they embrace. When the meaning is plain, courts can not look to statutes which have been revised to see whether congress erred in the revision.

But, when it becomes necessary to construe language in the revision which leaves a substantial doubt as to its meaning, the original statute may be resorted to for the purpose of ascertaining that meaning." Some of the law writers have referred to this decision as laying down a rule of construction peculiar to that which is to be applied to the construction of the United States Revised Statutes. But in the case of Myer v. Car Co., 102 U. S. 1, that court, in an opinion by Chief Justice WAITE, affirmed the rule, saying it was applicable in the construction of the statutes of Iowa. It therefore becomes a rule of construction of statutes generally by that court, which is an authority binding upon us.

Therefore the act of the legislature, as revised and amended by them, must be accepted as the law upon the subject embraced within it at the time the amended or revised act went into force; and we can only look to the repealed act to interpret anything in which there is a substantial doubt as to as to the meaning of the language used. It there is any doubt as to the language of the act, it is as to whether selling of liquor is intended to be included in the term of "any labor." By recurring to the original, we find it was specifically included in the act, and that intention must be carried into the amended act, unless it should clearly appear that the legislature intended the contrary; the law being thus stated by Sedgwick, St. & Const. Law, 365: "So upon a revision of statutes, a different interpretation is not to be given to them, without some substantial change of phraseology,-some change other than what may have been necessary to abbreviate the form of the law." The supreme court of the United States has held to the same effect. Pennock v. Dialogue, 2 Pet. 1; McDonald v. Hovey, 100U. S. 619. Vattel's first general maxim of interpretation is that "it is not allowable to interpret what has no need of interpretation" and continues: "When a deed is worded in clear and precise terms, when its meaning is evident, and leads to no absurd conclusion, -there can be no reason for refusing to admit the meaning which such deed naturally presents. To go elsewhere in search of conjectures, in order to restrict or enlarge it, is but to elude it." Vatt. Law Nat. 244; Ruggles v. Illinois, 108 U. S. 534.

The language used in the act under consideration is not obscure or uncertain. It has been literally adopted in some of the states, and substantially in many. It has received judicial construction, and a court would not be at a loss to ascertain its meaning. But, if there

is a question in regard to it, courts are to gather the intention of the legislature from the entire act; and, in interpreting the section of the statute which remains in force, resort may be had to a proviso to it, although the proviso be repealed, and the clause which has been repealed may still be considered in construing provisions which remain in force. Savings Bank v. Collector, 3 Wall. 495; U. S. v. Crow Dog, 109 U. S. 556. In referring to the clause, "or in buying or selling any goods, wares, or merchandise, chattels, or liquors, or any other kind of property," which was omitted in the amendment, we find it was not subject to the exception of "necessity, charity, or mercy," clause, as was that of "or engaged in any labor" clause; the only exception being in the proviso, which in none of its provisions applies to the merchant selling general merchandise, including liquors, however great the necessity might exist for it. Courts are permitted to recur to the history of the times and condition of the country to ascertain the reasons for, and the meaning of, provisions and statutes. U. S. v. Union Pac. R'y Co., 91 U. S. 243; Union Pac. R'y Co. v. U. S., 99 U. S. 48. It is therefore proper for the court to take under consideration the vastness of the domain of the territory, and the fact that, owing to its arid condition, settlements are far removed from each other, and from central points, and that, from necessity, a large portion of the population are dependent on the country merchant for all classes and kinds of goods which they may find it necessary to buy. Yet under the provisions of the act, as it existed before the amendment, the merchant could not sell them on Sunday graveclothes to bury their dead, or a pint of brandy, if one were sick or hurt, and a life was dependent upon it, without being guilty of a violation of the letter of the statute. In this respect we find ample and sufficient reason why the act should have been amended, and this class of VOL. 7 N. M.-7

business put under the same exception as others. It is the language of the amended act which the court is called upon to construe; and, if the offense charged is found to be embraced in it, then it is immaterial what connection certain words may have had with other words in the repealed act, other than they may be resorted to to interpret their meaning when it is not clearly expressed.

The words used in the amended act are, "or engaged in any labor, except of necessity, charity, or mercy." It has been claimed that the business of merchandising or selling liquor is not labor within the meaning of the statute, and therefore does not constitute an offense, under the terms of the act. It is true that "labor," "business," and "work" are not synonyms. Yet labor may be business, but business is not always labor. It has frequently been held by different courts, both in England and America, that such business constitutes labor, within the meaning of the Sunday act. Thus, in Bloom v. Richards, 2 Ohio St. 402, it is held: "To wait upon customers, and receive and sell his wares, is the common labor of a merchant." In Pattee v. Greely, 13 Metc. (Mass.) 284, it is said: "The intention of the legislature, by this statute, was to prohibit secular business on the Sabbath; and this prohibition is not confined to work, in a sense of strict manual labor." We might refer to other authorities, but do not think it is necessary. They are sufficiently numerous to raise the presumption that the legislature acted upon the construction thus given to the words. "any labor" at the time of passing the amendment in question.

It is held that words used in a previous act have acquired, through judicial interpretation, a definite meaning, and, when used in a subsequent act, will be presumed to be used in the same sense. The Abbotsford, 98 U. S. 440. Therefore, the question before us