111 P. 384 | Or. | 1910
delivered the opinion of the court.
In 1899 (Laws 1899, p. 209) a general law was passed by the legislature to provide a uniform system of public education. By Section 19 (Section '3360, B. & C. Comp.) the district boundary board was created, and in subdi
In School District v. Palmer, 41 Or. 485 (69 Pac. 453), this court held that, as that act made no provision for the manner in which the board shall proceed, it was without power to act. Thereupon the following legislature (Laws 1901, p. 24) besides amending Sections 12, 19, and 22 of the act of 1899, with the view to providing the manner of procedure omitted from that act, added, under title 4, among others, Section 26 (Section 3365, B. & C. Comp.), which prescribes the manner in which the proceedings may be initiated and conducted by the board. The act of 1907 repeals Section 3360, B. & C. Comp., but re-enacts it with some additions ; Section 1 thereof being a repetition of subdivision 1 of Section 3360, which contains the clause above quoted. The title of the act of 1907 begins with the words, “An act providing for the betterment of the system of public education in the State of Oregon.”
Section 3360 was divided into 23 subdivisions. The act of 1907 marks these subdivisions as sections. Subdivision 5 is modified, and subdivision 17 is omitted from the latter act. Otherwise Section 3360 is repeated literally therein with some additions. The first sentence of the title of that act shows it to be intended as a part of the general statute on the subject of education. Section 3365 is not repealed, and, in fact, the act of 1907 is intended to take the place of Section 3360, which it repeals. The manner of procedure provided in Section 3365 applies to the district boundary board of the act of 1907 as it formerly did to that of Section 3360. The
In the case before us the act of 1907 must be considered as a re-enactment of such portions of Section 3360 as are unaltered by the new law, which is the case as to section 1 of the act of 1907. And the language in that section, “in the manner hereinafter specified,” refers to Section 3365, B. & C. Comp. Without the words quoted, that' section would apply. The legislative intent is plain that the act of 1907, in so far as it relates to the same subject, should be substituted for Section 3360.
The judgment is affirmed. Affirmed.