Callan v. District of Columbia
Callan v. District of Columbia
Opinion of the Court
delivered the opinion of the Court:
It is a well-settled rule that repeals by implication are not favored, and that when two statutes cover in whole or in part the same matter, it is the duty of the court to give effect to both unless they are irreconcilable; in other words, unless it is' clear that the later act was intended to displace the provisions of the former. Henderson s Tobacco, 11 Wall. 652, 20 L. ed.
It appearing that the compensation of the judges of the municipal court was not increased by the act of 1909, that there was no express repeal of the provision in the former act allowing extra compensation, that the later act expressly provided that the municipal court should “be governed by the laws then in
Reference
- Full Case Name
- CALLAN v. DISTRICT OF COLUMBIA
- Status
- Published
- Syllabus
- Statutes ; Repeals ; Extra Compensation for Municipal Court Judges . 1. Repeals by implication are not .favored, and when two statutes cover in whole or in part the same matter, it is the duty of the court to give effect to both, unless they are irreconcilable. 2. While the annual appropriation acts of Congress appropriating money for expenditures authorized by other acts are not controlling, in the determination of the construction to be placed upon the latter acts, they are proper to be considered when they indicate the contemporaneous construction placed upon such acts by Congress. 3. Tlie act of Congress of February 17, 1909 (35 Stat. at L. 023, chap. 134), creating the municipal court of the District of Columbia, and providing that it shall be constituted of the existing justices of the peace, with the power on the part of any one of the judges of the supreme court of the District of Columbia to designate one of the municipal court judges to act as judge of the juvenile court in event of the sickness or disability of the latter judge, did not by implication repeal sec. 3 of the act of Congress of March 19, 1906 (34 Stat. at L. 73, chap. 960), providing that a justice of the peace might be so designated to act as judge of the juvenile court under a similar condition, in which event he should be entitled to receive .$5 per day in addition to his salary as justice of the peace; and therefore a municipal court judge so acting is entitled to such extra compensation.