Commonwealth ex rel. Graham v. DeCamp

Citations

• 177 Pa. 112
• 35 A. 601
• 1896 Pa. LEXIS 954

Syllabus

<p>Municipalities — Gouncilmen interested in municipal contracts — Grimes act of March 81, 1860, sec. 66.</p> <p>A person who is a stockholder and secretary of a corporation having a contract to furnish a city with electric light, is incompetent to act as a councilman of the city during the time of the running of the contract.</p> <p>Statutes — Repeal of statutes — Act of March 81, 1860, sec. 66. — Act of June 1,1885, article 14, sec. 1.</p> <p>An earlier statute is repealed by a subsequent one only in those particulars wherein it is clearly inconsistent and irreconcilable with the later enactment ; the leaning of all courts being against repealing the positive provisions of former statutes by construction unless there be such a manifest and total repugnance between the two enactments that they cannot both stand. It is not enough that there is a discrepancy between different parts of a system of legislation on the same general subject; there must be a conflict between different acts on the same specific subject.</p> <p>Section 66 of the act of March 81,1860, P. L. 400, which forbids a councilman to be interested in a contract for furnishing supplies to the municipality, is not repealed by section 1 of article 14 of the act of June 1,</p> <p>1885, P. L. 52, inasmuch as the latter act is purely administrative, and discloses no intent to change the criminal code.</p>