State v. Cognevich

Citations

• 124 La. 414
• 50 So. 439
• 1909 La. LEXIS 480

Syllabus

<p>1. Statutes (§ 135*) — Amending Repealed Statute — Effect.</p> <p>A statute purporting to amend a repealed statute is void.</p> <p>2. Weights and Measures (§ 2*) — 'Statutes —Repeal—Amendment.</p> <p>Acts 1894, p. 38, No. 35, defining dry measure, and providing that for the sale of oysters baskets shall be used which shall contain half of the standard barrel, etc., is, so far as it relates to oysters, repealed by Acts 1902, p. 274, No. 153, which covers the same ground so fa: as it relates to oysters and which contains a clause repealing all laws on the same subject; but in other respects it remains a valid statute, :and may be amended.</p> <p>.3. Statutes (§ 64*) — Validity — Invalidity in Pakt — Effect.</p> <p>A statute may be valid in part and invalid in part, and the invalid part may be disregarded', where the two parts are not so intimately connected as to raise the presumption that the Legislature would not have enacted the one without the othér.</p> <p>4. Statutes (§ 04*) — Amendment of Repealed Statute — Validity.</p> <p>Acts 1908, p. 134, No. 92, entitled “An act ■to amend Act No. 35 of 1894, entitled ‘An act to amend and re-enact section 3925 of the Revised Statutes of Louisiana, and to repeal Act No. 98 •of 1888, * * *’ by making provision for a standard measure for oysters arriving in sacks,” ■ defines a dry measure, and fixes a standard measure for the buying and selling of oysters, by providing that, for the sale of oysters, baskets shall be used which shall contain a half of the standard barrel. Acts 1894, p. 38, No. 35. had been repealed so far as it related to the sale of oysters in baskets containing a half of the •standard barrel, and the proviso added by the act of 1908 as to oysters in sacks was intended as an amendment. Held, that the entire act of 1908 is invalid, since it cannot be assumed that •the provision as to the sale of oysters in sacks would have been adopted, if it had been known that the provision in the act of 1894 as to oystlcr