Commonwealth v. City of Pottsville

Citations

• 246 Pa. 468
• 92 A. 639
• 1914 Pa. LEXIS 540

Syllabus

<p>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.</p> <p>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.</p> <p>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 The usual legislative phrase that all acts and parts of acts inconsistent with the act passed are repealed, is only ex majore cautela, for such would be the effect without such a clause, and the question as to what acts are inconsistent is still left open.</p> <p>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.</p> <p>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 S