3 Or. 282 | Wasco Cty. Cir. Ct., O.R. | 1871
The first question presented in this case is, does section 1 of the act approved October 21, 1864,
It being determined that the act of October 21, 1864, is an independent act, and not a mere amendment, is it repealed by implication, by the act of October 24, 1864 ? It is a maxim of law that subsequent laws repeal prior conflicting ones, and keeping this in view, let us examine the two acts. The one provides that the fees and compensation of officers, in certain counties organized or to be organized in that portion of the state lying east of the Cascade range of mountains, shall be increased thirty-three and one third per centum. It is from its nature a special law, though not such an one as is prohibited by section 23 of Article IV of the state constitution. The other is a general law regulating the fees and compensation of officers, etc. They are in pari materia, and are to be taken as if they were one law. (Smith’s Com. 751, sec. 736; Rexford v. Knight, 15 Barbour 627.) There is no repugnancy between them. Nothing in either which negatives the provisions of the other. They are both affirmative, and the substance such that both may stand together. Such being the case, the rule is that the latter does not repeal the former, but they shall both have a concurrent efficiency. (1 Blackstone’s Com. 90.) The next question is : What effect has the act of the legislature
It follows, therefore, that the demurrer should be sustained, with costs against the petitioner.