205 P. 961 | Mont. | 1922
delivered the opinion of the court.
In this case it appears that upon leave granted an information was filed by the county attorney in the district court of Cascade county, charging the defendant with maintaining a common nuisance, in that he did, on or about the twenty-ninth day of September, 1921, and for a long time prior thereto, willfully, unlawfully, knowingly and wrongfully, conduct and maintain a place where intoxicating liquors were sold. The defendant interposed a plea of not guilty, and was thereafter tried by a jury, found guilty, and sentenced by the court to thirty days’ imprisonment in the county jail, and to pay a fine of $100. The appeal is from the judgment.
But one error is assigned, raising the single question pre
It is argued that the district court is not possessed of original jurisdiction of the offense charged, as it is by statute made a misdemeanor punishable by a fine of not exceeding $500, and by imprisonment in the county jail not exceeding
In view of the enactment of Chapter 9 of the Extraordinary Session of 1921, question arises as to whether section 37 of the Act of 1917 is continued and in force and is to be applied and construed in conjunction with the Act of 1921. Section 35 of the Act of 1917 is expressly repealed. It reads as follows: “Whenever the words ‘this Act’ appear in any of the laws of this state enacted for' the suppression of the liquor traffic, commonly called Prohibition Laws, it shall be construed to mean and include all such prohibition laws of this state.” And section 37 of the Act of 1917, above set forth, is not mentioned in the later statute. In the general repealing clause of the Act of 1921 (sec. 39), the following language was employed by the legislature: “All Acts and parts of Acts in conflict herewith, are hereby repealed; provided, however, except as herein otherwise specified, this Act shall be construed as supplemental to and a part of all laws of this state relating to intoxicating liquors.”
While the rule is recognized that penal statutes must be
In the construction of a particular statute, or in the inter
Acts in 'pari materia are always to be construed together. (State v. State Board of Equalization, 56 Mont. 413, 185 Pac. 708.) It is a universally recognized rule of con-
Pepeáis by implication are not favored, and it will not be
It is confessed that the object of the repeal of section 35 of the Laws of 1917 is not clear, but since both Acts are properly construed and applied together, it becomes unimportant. It is evident from the title and repealing clause of the Act of 1921 that the legislature had in mind the provisions of the Act of 1917, repealed the sections found objectionable, and intended the sections not specifically repealed to be continued in force as a part and portion of the prohibition statutes of this state. This seems plain, for it is expressly declared in the Act (section 39), that it “shall be construed as supplemental to and a part of the laws of this state relating to intoxicating liquors.” S
Webster defines the word “supplement” as “that which completes, or makes an addition to, something already organized, arranged, or set apart; specifically, a part added to, or issued as a continuation of, a book or paper, to make good its deficiencies or correct its errors”; and the word “supplemental” as “serving to supply what is lacking.” (Webster’s New International Dictionary, p. 2083.) The word “supplemental” as here used means an addition to the legislative
The legislative intent appears to have been to make the provisions of the Act of 1921 supplemental to the nnrepealed provisions of the Act of 1917, and, this being true, clearly jurisdiction in this case is vested in the district court exclusively. By section 24 of the Act of 1921 any judge having cognizance of criminal offenses is authorized to issue a search-warrant upon proper showing made, but this must be considered with respect to other provisions of the law which confers jurisdiction as to the subject alone upon the district courts. The language employed—“any judge having cognizance of criminal offenses”—necessarily means so far as prohibition enactments are concerned, having jurisdiction of the particular offenses as prescribed by law. We do not commend the Act of 1921 as a model piece of legislation, but as the intent is apparent it must be upheld and applied.
- The defendant’s contention is without merit, and the judgment is affirmed.
L4firmed.