Morrison v. Fayette County

Supreme Court of Pennsylvania
Morrison v. Fayette County, 127 Pa. 110 (Pa. 1889)
17 A. 755; 1889 Pa. LEXIS 1088
Clark, Green, McCollum, Paxson, Williams

Morrison v. Fayette County

Opinion of the Court

Per Curiam:

The act of February 5, 1869, fixes the pay of the county auditors of Fayette county at three dollars per day, but gives them no mileage. It was a local act, evidently passed because it was desired by that county, and has been enforced since 1869. The act of May 12, 1887, is a general law, fixing the pay of county auditors throughout the state at three dollars per day, “ together with six cents per mile circular, from and to their homes, once for each and every week so employed.” The present county auditors of Fayette county claim that they are now entitled to mileage under the act of 1887, but the learned judge below thought otherwise and disallowed their claim, upon the ground that the local act of 1869 is not repealed by the general law of 1887. In this we see no error. It may very well be that the auditors of Fayette county are as much entitled to mileage as are those of other counties in the state. As an abstract proposition this may be conceded. But their local law is in the way. Now that it gives them no advantage over other parts of the state they may perhaps see their way to get it repealed, in which event the general law would apply. For the present they must be content with the law as it has stood for the last twenty years.

Judgment affirmed.

Reference

Full Case Name
FRANCIS MORRISON v. FAYETTE COUNTY
Cited By
12 cases
Status
Published
Syllabus
1. A general statute without negative words, does not repeal a previous statute which is particular, even though the provisions of one he different from the other. 2. The act of May 12, 1887, P. L. 95, providing a fee of $3 per day and mileage for the auditors “ of each county,” does not repeal the act of February 5, 1869, P. L. 117, providing a fee of $3 per day, but without mileage, for the auditors of Fayette county.