ARCHIVIST OF THE HALL OF RECORDS 43

context indicates otherwise, the use of the word "shall", except where
it implies the future tense, is generally taken as imposing a mandatory
obligation. The legislative history of the Act, the effect of one con-
struction as against another and the character of the Act itself are to
be given consideration in the interpretation of the law. 2 Sutherland
on Statutory Construction, 3rd Ed., Section 2803. While the applica-
tion of the rules of statutory construction often presents difficulty, it
is said that one of the places where the rules for the construction of
statutes as mandatory or directory have been most clearly defined is
with respect to provisions directing action or conduct on the part of
public officers. Where statutes provide for the doing of acts or the
exercise of power or authority by public officers, and private rights or
the public interests require the doing of such acts or the exercise of
such power or authority, they are mandatory, regardless of whether
they are phrased in imperative or permissive terms. 3 Sutherland on
Statutory Construction, 3d Ed., Section 5808. That learned author
cites, among others, the case of Supervisors of Rock Island County v.
United States, 4 Wall. 435, 18 L. Ed. 419, There, the Illinois statute
involved provided that the Board of Supervisors under township
organizations owing debts which their current revenue was insufficient
to pay "may, if deemed advisable" levy a special tax to be collected
and placed in a separate fund. It was contended that the authority
given by law involved no duty but merely authorized the exercise of
judgment upon the part of the Supervisors, and that judicial action
could not control the discretion with which the statute had clothed
them. The Supreme Court of the United States rejected that con-
tention and said:

"The conclusion to be deduced from the authorities is, that
where power is given to public officers, in the language of the
act before us, or in equivalent language — whenever the public
interest or individual rights call for its exercise — the language
used, though permissive in form, is in fact peremptory, What
they are empowered to do for a third person the law requires
shall be done. The power is given, not for their benefit, but for
his. It is placed with the depositary to meet the demands of right,
and to prevent a failure of justice. It is given as a remedy to
those entitled to invoke its aid, and who would otherwise be
remediless.