204 Pa. 300 | Pa. | 1903
Opinion by
The appellants were the petitioners below for a writ of mandamus to compel the appellees, commissioners of the county of Clarion, to purchase real estate and erect buildings for the accommodation of the poor of that county and to furnish them relief and give them employment, in accordance with the provisions of the Act of June 4, 1879, P. L. 78. The writ was denied, for the reason that local acts relating to the erection of a poorhouse in the county had not, in the judgment of the court below, been repealed at the time proceedings were instituted under the act of 1879, which was on June 20,1898. On that day a petition, as required by the act, was presented to the court of quarter sessions of the county, in pursurance of which an election was ordered, resulting in a vote in favor of purchasing real estate and erecting buildings thereon, that the design and purpose of the act might.be carried out. The commissioners however, refused to act, alleging that the act of 1879 was not in force in their county, in which view, as just stated, they were sustained by the court below.
The act of June 4, 1879 is entitled, “An act to create poor districts, and to authorize purchase of lands and erection of buildings to furnish relief and give employment to the destitute, poor and paupers in this commonwealth.” Its first section is, “ That for the purpose of furnishing relief to the poor, destitute and paupers, giving them employment, and carrying out the provisions of this act, each county of this commonwealth is
That the legislature intended the act of 1879 to be not only a substitute for prior local acts upon the same subject-matter, but that it should operate as a repeal of them, is most manifest from the twenty-first section, which is: “ This act shall not be construed to repeal any local act or acts under which poorhouses or homes for relief of the destitute have been erected or are now managed or controlled, nor repeal any general law under which lands have been purchased or poorhouses have been commenced to be built.” So clearly did the legislative mind think it had expressed itself in the first twenty sections as intending to repeal all local acts, and that its intention would be so understood, that it inserted the last and saving clause, where, if the appellants cannot find their exemption from the act, there is none for them. When the legislature declared what local acts alone should be saved from repeal by this substitutionary act, those not within the exception were without it. What was not saved by the act fell under it, and the legislative intent cannot be understood otherwise. On June 4, 1879, no poorhouse and home for the relief of the destitute had been erected or was managed or controlled under any local act in Clarion county, nor had lands been purchased or poorhouses commenced to be built; and the county is not within the saving clause of the act: Expressio unius est exclusio alterius. 44 The exception of a particular thing from general words proves that, in the opinion of the lawgiver, the thing excepted would be within the general clause, had the exception not been made: ” Marshall, C. J., in Brown v. Maryland, 15 Wheaton, 419, 438.
Whether the Acts of May 8, 1876, P. L. 149; March 24, 1877, P. L. 40, and May 18, 1878, P. L. 63, repealed the local acts of 1865, 1866 and 1873, we need not decide, in view of what we have said as to the effect of the act of 1879. Its constitutionality does not seem to be questioned by the appellees, and, though referred to in a passing way by counsel for the appellants, we need not consider it here.
The order of the court below, dismissing the petition of the