62 So. 934 | La. | 1913
The district attorney brought this suit, of his own motion, in the name of the state, under Act 118, p. 160, of 1890, which requires railroads to post on bulletin boards the number of minutes the regular trains are late, under penalty of a fine “recoverable in any court of competent jurisdiction.”
This defense was properly maintained. The said statute requires railroads when a train is not on schedule time to post “the number of hours or minutes that said train is behind time.” The rule of the Railroad Commission provides that:
“When a train is late 15 minutes or more, the time of arrival shall be bulletined 30 minutes in advance of the schedule time, and every 30 minutes of time additionally lost shall be rebulletined.”
“Whilst it is well settled that repeals by implication are not favored, it is equally well settled that, in determining whether one law conflicts with another, it is necessary to consider the purposes of both, and, if it appears that the purpose of the law last enacted is to cover the whole subject-matter dealt with, and to modify or supersede those previously enacted, then the modification or suppression results, and must be declared.”
Judgment affirmed.