York Gazette Co. v. York County

Citations

• 25 Pa. Super. 517
• 1904 Pa. Super. LEXIS 105

Syllabus

<p>Election law — Publication of •proclamation for general election — Sheriff—■ Newspaper — Statutes—Repeal—Acts of- June 23, 1885, P. L. 144, June 10, 1893, sec. 10, P. L. 419, and June 23, 1895, P. L. 392.</p> <p>The Act of June 23, 1885, providing for the advertisement of general elections “in not more than four weekly or daily newspapers published in the county,” is not repealed by the tenth section of the Act of June 10, 1893, P. L. 419, as amended by the Act of June 26, 1895, P. L. 392, which provides for the advertisement “in at least three newspapers.” The two acts may well stand together and each supply what is lacking in the other, namely the maximum number of publications in the act of 1885, and the minimum number in the act of 1895.</p> <p>Subject to the limitation named in the act of June 23, 1885, the discretion of the sheriff is absolute as to the selection of the newspapers in which the advertisement shall appear. If he advertises in more papers than the law provides, the county will not be liable for the excess ; nor can any one newspaper in such a case recover from the county until the sheriff selects it as one of those which should be paid.</p> <p>To effect a repeal of one statute by another by implication there must be a general and positive repugnance between the provisions of the new law and the old so that they cannot stand together, or be consistently reconciled. Such a repeal is never to be favored, and will not be allowed unless it is manifest that the legislature so intended, as laws are presumed to be passed with deliberation, and with full knowledge of all existing laws on the subject. It is but reasonable to conclude that in passing a statute it was not intended to interfere with, or abrogate any former law relating to the same matter unless the latter is repugnant to the earlier one, or unless the reason for the earlier act is beyond peradventure removed.</p>