Expressio.L

Definite statement or enumeration; expression. Expressio unius, exclusio alterius. The statement of one thing is the exclusion of another. Sometimes put, indusio unius, etc., — " including one excludes all others." ^ Still another form is, expressum faeit oessare taoitum: the expressed controls the 'Express Cases: Railroad Companies (Memphis & L., St. Louis, I. M. & S., and Missouri, K. & T.) v. Express Companies (Southern and Adams), 117 U. S. 1, 23 (1886), Waite, C. J. Commented on, Pfister v. Central Pacific R. Co., 70 Cal. 183 (1886). See also 67 Me. 194; 115 Mass. 416; 4 Brewst. 663. Contra, 8 F. E.4C5; 3 id. 693, 775; 4 id. 481; 6 id. 427; 8 id. 799; 10 id. 213, 869; 15 unmentioned; an unequivocal statement prevails over an implication.! Express mention ot one act, condition, stipulation, class or number, person or place, implies the exclusion of another or others not mentioned. The maxim restricts what is implied by what is expressed, what is general by what is particular and specific.'' The mode provided in a constitution for its amendment is the only mode in which it can be amended. The ordinary rule is, that where power is given to do a thing in a particular way, there afiflrmative words, marking out the way, by implication prohibit all other ways.' It would have been impracticable for the framers of the Constitution to have enumerated all the means by the use of which the powers expressly conferred upon the government of the United States should be exercised. A sovereign must have a choice of means by which to exercise sovereign powers.* See NkcessrrY. Offenses not mentioned in a treaty of extradition are excluded from its operation.' A special provision in an act for levying a tax of a fixed per centum excludes the levy of a higher, although necessary, tax." The creation of specific means'for exercising powers of municipal government excludes all other means.' The charter of a corporation is the measure of its powers, and the enumeration of those powers implies the exclusion of others.' A general statement of the duties for which a bond is given will be construed to include only such other duties ot the same kind as were not specifically enumerated." The expression, in a policy of insurance, that a vessel should proceed to a port in Cuba and thence to Europe, implies that she should visit no other port in Cuba.'» An express guaranty of a bill or note cannot be converted into an indorsement. ' * Where a party specifies an obiection to the admission of evidence it must be considered that he waives or has no ground for other objections.'^ The maxims express the principle of the rule that excludes such parol testimony as would vary the terms of a written instrument. They also serve to prevent fraud and perjury." > 71 Ala. 87; 82 id. 629; 62 Cal. 639; 4 Wash. C. C. 186. ' Broom, Max. 651, 664. 'Be Constitutional Convention, 14 E. I. 651 {18E3), cases. See also Smith v. Stevens, 10 Wall. 326 (1870). * 2 Story, Const, § 1213. » United States v. bauscher, 119 U. S. 420 (1886)..« United States v. County of Macon, 99 U. S. 5C0 (1878). ' Mayor of Nashville v. Bay, 19 Wall. 475 (1873). ' Thomas v. West Jersey E. Co., 101 U. S. 82 (1879). ' South V. Maryland, 18 How. 402 (1855). "Hearne v. Marine Ins. Co., 20 Wall. 493 (1874). " Central Trust Co. v. Nat. Bank of Wyandotte, 101 V. S. 70 (1879). They are never more applicable than when applied to the interpretation of a statute.' See Incident; Remedy; Surplusage.