State ex rel. Broussard v. Henderson

Citations

• 120 La. 535
• 45 So. 430
• 1907 La. LEXIS 670

Syllabus

<p>1. Statutes — Repeaj>-Modieicatio:n.</p> <p>Whilst it is well settled that repeals by implication are not favored, it is equally settled that, in determining whether one law conflicts with another, it is necessary to consider the purposes of both, and, if it appears that the purpose of the law last enacted is to cover the whole subject-matter dealt with by, and to modify or supersede, those previously enacted, their modification or supersession results, and must be declared.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Statutes, § 230.]</p> <p>2. District Attobneys — Compensation.</p> <p>The purpose of Act No. 96, 5. 122, of 1880, was to deal with the whole subject of the- duties and compensation of district attorneys, and, whilst there may have been some provisions of the then existing law which escaped its operation, it so modified and superseded that law as to preclude any recovery by the district attorneys of the one-fifth part of the fines imposed (after deducting the commission of the sheriff) in addition to the fee provided by section 3 of said act.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 17, District and Prosecuting Attorneys, § 20.]</p> <p>3. Same.</p> <p>Articles 125 and 180 of the Constitution of 1898, whether taken separately or together, are not susceptible of the construction that they intend to allow district attorneys to collect commissions, as contradistinguished from fees, or fees, save as provided by the Constitution itself.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 17, District and Prosecuting Attorneys, §</p> <p>(Syllabus by the Court.)</p>