Commonwealth v. City of Pottsville
Commonwealth v. City of Pottsville
Opinion of the Court
Opinion by
This litigation grows out of what may foe very properly called bungling legislation. It would be a difficult task for anyone to satisfactorily explain why the legislature felt called upon to pass the Act of April 15, 1907, P. L. 66, and the Act of May 28, 1907, P. L. 268. These a.cts relate to the same general subject matter, and could have been very easily and much more properly embodied in a single statute. The former act contained no repealing clause, while the latter act provided that all acts or parts of acts inconsistent therewith “be and the same
Other reasons are urged by counsel for appellees in support of their contention that the appeal should be dismissed. These we do not feel called upon to discuss because what has already been, said is decisive of the case. On the merits the case is against appellant. At an election held nearly four years ago a majority of the qualified electors of the Borough of Pottsviile voted in favor of incorporation as a city of the third class. All the preliminary steps were taken as the law requires and letters patent were issued by the governor more than three years ago. We are now asked to set aside all of these proceedings and strike down the charter which the people demanded on the ground that the Court of Quarter Sessions issued the order to hold the election as provided by the Act of April 15, 1907, whereas it is contended this order should have been issued by the borough council under the Act of May 28, 1907. This should not be done unless imperative rules of law so require. We find no such imperative rules either of law or of construction. These two acts can stand together,
Judgment affirmed.
Reference
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- Statutes — Construction—Repeal—Subsequent statute — Statutes passed at same session of legislature — Presumption against repeal — Repealing clause — Amending statutes — Act of April 10,1905, P. L. 127; May 28, 1889, P. L. 277; May 28, 1907, P. L. 268; April 15, 1907, P. L. 66 — Boroughs—Election—Incorporation of third class city. 1. Where two acts are passed at the same session of the legislature, the presumption is strong against implied repeal, and effect must be given to each, if possible. 2. The usual legislative phrase that all acts and parts of acts inconsistent with the act passed are repealed, is only ex majore cautela, for such would be the effect without such a clause, and the question as to what acts are inconsistent is still left open. 3. The Act of May 28, 1907, P. L. 268, was intended as an amendment of the Act of April 10, 1905, P. L. 127, which was itself an amendment of the Act of May 23, 1889, P. L. 277, providing for the incorporation and government of cities of the third class, and not as a repeal of the Act of April 15, 1907, P. L. 66. which was passed at the same session of the legislature. The legislature of 1907 intended to amend the Act of April 10, 1905, P. L. 127, in two particulars: (1) in respect to providing another and perhaps additional tribunal to issue the order for holding the election, to determine whether .a city of the third class shall be chartered, and ■ (2) as regards the' manner of voting, form of the ballot, the computation of the returns and the certification of the same. 4. Where at a borough election a majority of the qualified electors of the borough voted in favor of incorporation as a city of the third class and all the preliminary steps were taken as provided by law and letters patent were issued by the governor, the court properly refused to strike down the charter in a proceeding instituted three years later in the name of the attorney general on the ground that the Court of Quarter Sessions had issued the order to hold the election as provided hy the Act of April 15, 1907, P. L. 66, whereas it was contended that this order should have been issued by the borough council under the Act of May 28, 1907, P. L. 268.