Commonwealth v. Moore

Citations

• 255 Pa. 402
• 100 A. 260
• 1917 Pa. LEXIS 467

Syllabus

<p>Public officers — Allegheny County • — County controller — Eligibility — Former state senator — Act of May 1,1861, P. L. k60, Sec. 2 —Act of June 27, 1896, P. L. k-08 — Statutes—Construction—Local laib repealed by subsequent general law.</p> <p>1. It is a rule of statutory construction that an earlier law will be repealed by implication by an act covering the entire subject-matter of the former law, and manifestly intended as a substitute for it.</p> <p>2. Where the clear general intent of the legislature is to establish a uniform and mandatory system, as in municipal classification acts, the presumption is that local acts are intended to be repealed.</p> <p>3. The Act of June 27, 1895, P. L. 403, relating to county controllers in counties containing 150,000 inhabitants and over, was 'intended to establish a complete system for the election of county controllers in the counties to which it applies, and repeals the Act of May 1, 1861, P. L. 450, relating to county controllers in Allegheny and Philadelphia Counties, rendering ineligible for the office of county controller in such county a person holding an office under this State during his continuance in office or until one year thereafter.</p> <p>4. In quo warranto proceedings to oust from office a county controller of Allegheny County, who had held the office of State senator within one year previous to his election, it appeared that relator had been appointed to fill the vacancy in the office of county controller and that respondent had been elected at the next general election. Eelator alleged that, under the Act of May 1,1861, P. L. 450, See. 2, respondent was ineligible to hold office; respondent contended that the Act of 1861 had been repealed by the Act of 1895; relator demurred to respondent’s answer. Held, the court properly overruled the demurrer and entered judgment for the respondent.</p>