Trausch v. County of Cook

Citations

• 147 Ill. 534
• 35 N.E. 477

Syllabus

<p>1. Statute—whether general or special. A law may be general, and yet be operative in a single place or places where the conditions necessary to its operation exist.</p> <p>2. Same—repeal by implication. Eepeal by implication is not favored, and if two acts said to be inconsistent can be so construed that each may be enforced, such construction is to be adopted as will give effect to the legislative will as expressed in each act.</p> <p>3. Same-—repeal of a special act by a general one. A subsequent statute which is general does not repeal or abrogate a former statute intended to operate upon particular subjects.</p> <p>4. Section 2 of the amendatory act of incorporation of the Northwestern University, approved February 14, 1855, making it a penal offense to sell or give away intoxicating liquors within four miles of the location of such university except for certain purposes, is not repealed by the general statute approved May 4, 1887, prohibiting sales of such liquors outside of the limits of any incorporated city or village.</p> <p>5. Intoxicating liquors — statute of 1887 construed. The act of May 4, 1887, creates no right and grants no permission to sell intoxicating liquors anywhere. Its purpose was, not to reach unlicensed saloons or dram-shops, but to punish all sales of intoxicating liquors, of any kind, outside of the corporate limits of cities and villages, in less quantities than five gallons, and in the original packages as put up by the manufacturer.</p> <p>6. Criminal law—power of legislature to discriminate as to penalties. Although no one can be twice put in jeopardy of life or limb for the same offense, it is competent for the legislature to make an act committed under certain circumstances an offense, and not a crime, or a different offense, when committed under other or different circumstances, and create different penalties for its commission.</p>