Ex parte Ah Hoy

Citations

• 23 Or. 89
• 31 P. 220
• 1892 Ore. LEXIS 107

Syllabus

<p>1. Statutory Construction — Special and General Acts — Legislative Intent.— It is a general rule of statutory construction that where in a statute there is a particular enactment, and also a general one which in its most comprehensive sense will include what is embraced in the former, the particular enactment will prevail over the general provision, so far as they are incompatible; but, like all rules for the interpretation of statutes, it is only an aid in discovering the legislative intent, and must not be permitted to limit or extend the operation of that intent.</p> <p>2. Idem — Repugnancy.— The rule that general legislation on a particular subject must give way to special legislation on the same, subject, does not apply except in those cases where there is a repugnancy or incompatibility between the general and special provisions.</p> <p>3. City Ordinances- — Suppression of Gaming. — Where a city charter gives the council power “to prevent and suppress gaming and gambling-houses or places where any game in which chance predominates is played for anything of value, and to punish any person who engages in such game, or keeps or frequents such a house,” the council is not limited to punishing the persons named in the last part of the section, but may, under the general power “to prevent and suppress,” punish any one who merely goes into a gambling-room.</p>