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SMYTHE v. FISKE

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90 U.S. 374 (1874)

23 Wall. 374

23 L.Ed. 47

SMYTHE, v. FISKE.

Supreme Court of United States.

November 16, 1874.

Attorney(s) appearing for the Case

Mr. S.T. Phillips, Solicitor-General, for the plaintiff in error; Mr. Edward Hartley, contra.

Mr. Justice SWAYNE delivered the opinion of the court.

A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter.* The intention of the lawmaker is the law.

Revenue laws are to be construed liberally to carry out the purposes of their enactment. Their penal provisions are not penal in the sense that requires a rigidly strict construction.†...

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