(dissenting).
Common law history and the law merchant cannot conflict with the will of the sovereign. SDCL 1-1-24. We have expressed that where the common law is in force, except where changed by statute or other expression of sovereign will, the rule of strict • construction of statutes in derogation of common law does not obtain in South Dakota, and this Court’s function is to effectuate legislative purpose through liberal construction. Scotvold v. Scotvold, 68 S.D. 53, 298 N.W. 266 (1941). Therefore, contrary to Ventling’s advocacy, common law history is out. There is to be liberal construction of statutes in derogation of common law. SDCL 2-14-12. The state statute is in. Penal statutes are not to be construed strictly, rather according to the fair import of their terms. This Court has said so on a number of occasions. State ex rel. Strauser v. Jameson, 76 S.D. 490, 81 N.W.2d 304 (1957); Bartron v. Codington County, 68 S.D. 309, 2 N.W.2d 337, 140 A.L.R. 550 (1942); State v. Whitmarsh, 26 S.D. 426, 128 N.W. 580 (1910).
We have, before us, a question of interpretation concerning penal legislation. There are some general statements of statutory construction which I wish to address.
*127Proper judicial construction of a statute requires recognition and implementation of its underlying purpose.
Under the general title of CRIMES, it is noted that SDCL 22-1-1 specifies:
The rule of the common law that penal statutes are to be strictly construed has no application to this title. All its criminal and penal provisions and all penal statutes are to be construed according to the fair import of their terms, with a view to effect objects and 'promote justice. (Emphasis supplied mine).
What was the underlying purpose of this statute? What were the mischiefs intended to be remedied? Certainly, it was to make certain acts criminal which totally offend society. Clearly, as we can see from the title of the statute, it was to make criminal the compounding of a felony.
I would opt that we, in the Judicial Branch, occupy a role as literate Judges or Justices in interpreting a statute, not literal Judges or Justices.
We should read the entire statute together, construe it together, and apply the words in their ordinary signification so that they do not produce an absurdity. Every word and clause should be given effect. Sutherland, Statutory Construction § 380 (2d ed. 1904); see also, In re Terry’s Estate, 218 N.Y. 218, 112 N.E. 931 (1916). In my opinion, an absurdity is reached under the majority writing by virtue of applying a literal standard, rather than the liberal standard as announced by our State Code. As a result of the majority’s literal interpretation, we have an objectionable result as a consequence.
By applying a literal force of rigidity in statutory construction, which might well trigger a more precise formula or criminal act, the majority has, in effect, cramped the intent of the legislature and the life of the penal law in this case. Put another way, this Court has placed a sharper rephrasing of the statute thereby limiting its practical effect. Such application of legal thought should not exist under SDCL 22-1-1, cited above.
In my opinion, the function of this Court should be to enforce this statute, and any other statute, according to its terms. It is a fundamental rule of statutory construction that all provisions within a statute must be given effect, if possible. State v. Heisinger, 252 N.W.2d 899 (S.D.1977); Matter of Silver King Mines, 315 N.W.2d 689 (S.D.1982). It appears to me that the majority opinion is rejecting certain language in this statute upon the basis that the language is either (a) repugnant to the rest of the statute or (b) regarded as sur-plusage. In its mental dissection of this statute, it is my opinion that the majority opinion has placed false statutory interpretations by initially taking into account punctuation. By doing so, the majority opinion has failed to take into consideration our state law, namely SDCL 2-14-8 which provides:
Punctuation shall not control or affect the construction of any provision when any construction based on such punctuation would not conform to the spirit and purpose of such provision.
In Lewis v. Annie Creek Mining Co. et al., 74 S.D. 26, 48 N.W.2d 815 (1951) one of the all time great Circuit Judges, Robert Bake-well, wrote on behalf of this Court and expressed that “ ‘punctuation’ as here used includes not only the use but also the absence or lack of punctuation.” Lewis, 48 N.W.2d at 819. Rather than to consider punctuation, this Court should recognize that there are three means of committing a crime under this statute and all stand on an equal footing. My rationale is that the terms of the statute are disjunctive and thus there are crimes expressed in this statute which are independent of one another. In Lems, Judge Bakewell wrote concerning the “last antecedent” rule. He expressed:
It is the general rule of statutory as well as grammatical construction that a modifying clause is confined to the last antecedent unless there is something in the subject matter or dominant purpose which requires a different interpretation. Hopkins v. Hopkins, 287 Mass. 542, 192 N.E. 145, 95 A.L.R. 1286. And the presence of a comma separating a modifying clause in a statute from the clause imme*128diately preceding is an indication that the modifying clause was intended to modify all the preceding clauses and not only the last antecedent one. 50 Am.Jur. 259.
Here, the only antecedent for the three modifiers is “person.” It is the “person” who is guilty of compounding, regardless of whether this “person” either accepts, offers, or agrees to accept any pecuniary benefit as consideration for refraining from seeking prosecution. There is nothing of the dominant purpose, of the statute we address, which dictates otherwise. From the top of the Capitol Dome, to the geese which trod upon the grass, I would herrald a message that the dominant purpose of the statute under consideration is to punish those persons who obstruct justice. Were the last antecedent rule pointing in a different direction, the messenger would still say “Hearken, the dominant purpose of the statute must prevail.” We have, before us, a classic appellate error of forsaking the spirit and purpose of the state statute; through judicial interpretation, we have deserted the mischief which the statute sought to address.
SDCL 22-11-10, after the first comma expresses “or offers.” Plainly, the word “or” is there. Then, the statute goes on to say after the comma “or agrees.” It has thus used the word “or” for the second time before expressing “agrees to accept.” The last “or” modifies “agrees to accept.” The phrase “any pecuniary benefit” is modified by who “accepts” or “offers” or “agrees to accept.” The word “offers” stands alone as the word “or” immediately precedes it. Therefore, by my interpretation, the sentence may be read to express: “Any person who offers any pecuniary benefit ...” I read this statute to express that “offers” relates to “any pecuniary benefit.” The phrase “any pecuniary benefit” is part and parcel of the statute. It is the predicate upon which the first part of the statute acts.
Ventling, it is undisputed, made an “offer” of a “pecuniary benefit” to Ferguson in exchange for her agreement to withdraw a criminal complaint filed against him. In essence, he tried to “buy off” the complaining witness. Unfortunately, this Court has not seized upon an interpretation of the statute as a whole; rather, it has isolated certain words to give a technical construction to the statute. This statute can be read to say: “Any person who offers any pecuniary consideration to refrain from seeking prosecution of an offender is guilty of compounding.” Ventling, it is undisputed, offered $6,000 to Ferguson “to forget the whole thing.” I will concede that Ven-tling did not “offer to accept” but he was a “person” who did “offer any pecuniary benefit.” And he did “refrain from seeking prosecution of an offender”, the “offender” being himself. Therefore, he is guilty of compounding a felony, as determined by Circuit Judge Grosshans.
Here, the interpretation by the majority is more difficult to be understood than the statute itself. Therefore, having the conceptual itch of dissent come upon me, via, I hope, good rationale and statutory construction, I scratch my pen, voting to affirm this conviction.