Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1847-05-01

L pfObahTo onrTnIOn o
the passed at the last session Vi the Legislature Of vir-
gnia respecting that saPoit being and mecca
sary that the mode OF inspecting aud weighing Tobacco
should be uniform throughout the State and OF
opinion existing among the Inspectors FACTORS and Buyers
Of Tobacco in this proper and
Interpretation OF the law above mentioned-he undcrsrn-
cd were appointed committee procure a sound legal
opinion ON the subject and for that purpose apply
chief law officer ct the Commonwealth which would moi
only serve to govern our own action but also regulate,
an UNIFORM manner the course OF the Inspectors of Tobac-
co Throughout, the STATE who, officers Of the Common
wealth. would be disposed due respect the opinion
| OF the Attorney General.
In obedience this insiru the Committee a;t,l
$ $. Baxter Esqr Attorney General aud Obtained hi,
| opinion, which is here respectfully submitted;
| Opinion of Attorney General.
The 2eh section Of the reduce one the
raj IN force concerning the Inspection Tobac-
CO. ID Revised Code page las is in the following words
And that all persons having Tobacco at the pub bile ware
houses may have equal Justice the Inspectors shall enter
in book To be kept tor that purpose the marks and own
crs' Of all Tobacco brought in. and shall view and
inspect the same in due turn, shall be entered such
BOOK, without aNcr or mpartiay, and shall and
break hogshead cask OF Tobacco brought them TO
be inspected as Aforesaid and they shall agree the
same IS good, SQUAD, tcsA conditioned AercAaRtac and
clear Of trash, then sUeA Tobacco shall BE- esigked in
scales with weights OF lawful standard aud the hogshcad
cask shall be stamped in the presence OF the said luspec
tors. OF them with the OF the warehouse at
which inspected and also the OF the hogshead cask
and quantity Of Tobacco fAsreia contained and the
Inspectors such warehouses shall receipt each
hogshosd OF Tobacco they shall psss IT required by the
owner. which receipt shall be the form following: Here
follows the form Aud no Inspector cr Inspectors shall
under any preface whatsoever a receipt for any To-
baccc, other than such shall be printed which the
date shall be inserted full length And lnspcc-
Inspectors shall presume issue a receipt in any
other manner than Is hereby sed he they shall
every such offence forfeit aud pay the sum OF three thou
sand dollars" &c sc. The residue the seouon is not
connected with the question before and therefore,
quoted.
On the 10th March. 1877. ansther act was passed TO
amend tho above The hlst section is as follows -
That the Inspectors Of Tobacco the several Tobacco
warehouses IN this Commonwealth, shall be and here
by required to weigh each hogshead OF Tobacco hereafter
brought u their respective warehouses inspection te
IL is uncnsCd, and to the ght thereof by
dodueng tom the gross weight the weight the cask and
Cigh; pounds Tor 4 sample"
The % section imposes penalty OF ten dollars on any
Peis other than the Inspector cousgntc shall pull
OF, nc part OF the Tobacco exhibited sale One
ha o. hs penalty s given 10 the iniomci and the other
half 10 the owner O.! the Tobacco.
The 81 sec enaets, THAT the commissioners OF the
NcEaI tobacco warehouses appointed supcrintcnd the
same, are hereby directed provide suitable scales and
weights patent balances Tor the purpose weighing the
parcels OF tobacco, separated "a eon,qasree Of the
Change. wherever the same not already provided
The 18th OF the act OF 1919 above quoted requires
the tobacco 10 be wogEcd after Inspection and the receipt
10 be issued ON Tins weight such has been the uniform
praeuce under the
The law Of l6h March, Isl7. requires the tobacco to
DC weighed before IS uucased and inspected and the
nett weight TO be ascenod by dcducuug from the gross
weight lie weight OF The easA and eight pounds Tor
sample.
have been asked give my opinion Of the effect OF e
Jaw . we ION March, leAt he 2-th rct
1919 above quoted asked whether much OF the
act of 1919 requires the tobacco weighed after IN
sPeeucn, and the inspectors receipt bc
these weights. is repealed 10y the law Of S47 which r.
CURES the nett weight be asccrtanrd by weighing the
hoEshcad before uncased.
Ii the act o 1919 be repealed, be by Implication
IL not expressly repealed In enquring whether 10 Is
repealed by implication U s proper refer the rules o
the law governing mpl ed repeaS In OF Warder
vs. Arei' Wash 80, these rules stated by all the
Judges
Judge Roane tpage 2s6) saws The cour, will nave, f
vor repeal by implication. 1t there be affirmative
salute. upon the same subject tue does repeal the
other, both consist together, and ought u seek
Tor 'ueh construction as viii reconcile them"
Judge Darlington rage 297) saws Ill the two laws NAV
be feeoneled constructive repeal y inadmissibe'
Judge Pendlcou pagc 299 saws THE rule H. that whore
there affirmative statutes n they do not con Il IT with
each other, the latter dos repeal the former Repea
10y implication aIe favored boy the Whatever
apparent Inconsistencies may appear the declarations OF
the Legislative will, yet It Is not decent presume that
they wuld change their mind subject without say,
ng 50 IN express terms But the tive laws absolutely
n oppnz Co each uihcr then. the latter will PIE
vail. the former necessity be considered a. hsir
altered. H. however there bc two different subjects Tor
he Avs TO operate upon hce cHcy anu con-
srquenty no necessity Tor prrsgmiBC repeal"
IN these opinions the following rules are embraced
/. Repeats by Implication are not 90 be- favored
, IL there be two affirmative on the same sub.
ee' one does not repeal hc other, unless they be
iuie!y inconsistent
3. We ought seek FOR such a construction as will re-
conce them
In applying these rules to the statutes in Question.
TIE si enquiry Is, what the design object OF each
statute II itc objects Be- different both mas stand
Il the objects be the same, then enquiry arscs whether
the latter statute designed repeal former or nc
her II becomes relative. Broom on legal max.mz, law
library vol %, page 81, the following rules ''Whee
then, both acts merely affirmative, and the substance
such that both may stand together in this case the lat
Ter does not repeal the former, b.; they shall both have
concurrent efficacy" lsi. Then are to enquire VIVA,
Is the object and design OF each OF these statutes Tins
enquiry leads consider objects 10 be attained b
Tie avs io' the Inspection OF Tobacco Judge Story In
me - Vol oi .s Commentaries Constitution OF fl
United States, page i73, thus expresses the object ,.bs
object Of Inspection laws improve the quality Of srt
ces produced 10y the labor %. the country, and fl them
Tor expectation or domestic These laws &C, upon the
subject before becomes an article Of commerce. foreign
o. domestic and prepare il Tor the purpose"
Ihs being tie object Of the laws Tor inspection Of tobae
co. is elected b. taking the article OF the hands OF
ae planter, and suHecung 81 inspection Of sworn Of
hceT, whose duty TAR they can 70 detect any de-
feet 90 the article which may be caused either by the f-n
OF careessnes of the planter aud when il found
" o. af and mtrctautlbe o. stamp article which
mas been asceIaned by the officers OF the ate % l. M
iyT commerce, fore On dJmC.tc The tobacco Laws. ura
hOt the shipment expectation Of tobacco unless packed
N hogsheads OF casks aud inspeccd-2i Rev. Code 1874
he hpgshcad OF tobacco thus specied Is required t be-
stamped by the inspectors with the name of the yareb1us
Tie are and nett weight and receipt note conforming
70 he WeR1 Of the nogshcad be delivered by the -
spectos. The object Of the law prohibiting shipment n
eHpJrauon, with0I, Inspection Internationally 4, ro
eet The foreign purchaser from fraud carecsness By
Is given 10 the article and lar a. possible good pric.
ensured 10 the careful and far producer.
in lhc Ike manner the weight Of the tobacco be- 90 BE-
stamped on tue cask and inserted In the note 10 insure
just weight O. all who deal the faith uf the State. n
sPeehon do not know how lar the present. prac,ice OF
Toe iade " ~ deal on she forth Of the States inspection
nor 90 Affirm hs sny foreign purchasers do now 80 dea
but do mean 70 sly, thai The duty the State % en-
sure Just weight 10 any who may choose 80 70 dcal-aHd
hai hs must BE- presumed 10 be object 10 view bon &c.
curing the gross We gh, the and nett we ght q, be
stamped on the hoRsnead sls and inserted 300 the
of note. Originally, when toe constituted a eufre1
cy accuracy n the weights aud was iud spsntsbe 10
prevent numerous domestic frauds.
One great object OF the tobacco inspection law 10 IN on
sure 10 the foreign purchaser on article OF good quality and
just weight
q second object in view BOO these lave Del this. As tbe
planter s required O. have h tobacco Inspected protection
s 10 bo gwen Co. hun. he is o. hayc flst ~ogh and 10
nave Dos property protected from fraud 1ud conduct
=" hc dea.os IH'sc being ho two great otI.sts nf ,
law there difficulty 90 azceriainIns fiat The .t mon,
TONED object Wa intended 60 be effected by The 2- .c
OF me low % 1919 The tobacco Co be- inspected and
Ia o. q fr.. B.. ff