Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-18
-s.,so, az, TIE ATTORNEY GENERAL.

1
CHI c,iou of the uG 1912 rcF.rrs tic persons en-
c i, the city elections 10 "ssam!o ~ l!'Tif res
e ~ ds nm the first Wednesday in April and elect n't
con, corh ward 10 serve in the several OFFICES III ''
Pc'' ,nnpJ Ifr persons thus elected Or majority
@ tin one week, publicly la elect rra roct !ronl
VI or the body OF The citizens one per
son 10 serve Mayor ard 'hvy arc 10 c nS nn nhcr
Ir,cn distributing the recorder ara an'G,nlch uus
nn tbr several wads) aud the Residue sha contu'c
rJ which shall called the Council oi mo tiy I" itlc-
mond ,;-.. mo Sarrc,pt 10 nrront annually
in each ward, place l'r hnl,'.s ,o and nv, tn,s
hiH inc rrtion The 5lh lin, l2h l5th, lt 10Th
and 10Th sections regulate me manner 81 '
''e a n Of the nc, of 1851 that the Mayor,
c"Tdr and other officers therein Named shh'' De erc'e"
/ nv the voters Of the city OF hlchin'hu' ,,, ,,
! The Cuunclnch "i" !'"'I''''| a. " ~
T ~ oou directs the City Council to app0in place
s ,,n in each ward, and 10 appoint one or more conf
- nn,sa,s for each ward. who shall supGrinent ana t-
| cord such election Tor Councincn and officers
The 4h SECTION requires the SuIerlnendents az soon as
,i.i .cr inc completion of the election, 10 noy the
rr.;,,n and officers of their election and summon them
~ annrnr NJ the City Hall TO qualify &c:
h XIII section that the Council shall be sworn into
tH h Justice of the Peace for Henrico county, ana
shall pnced to organize in all other respects as Is now pro-
vidcd by the charter OF snid Guy.
Ter f. hr Sergeant still To conduct the elections tor nine
persons in each ward, under the charter OF l5i2!
I'd. If So what IN respect 10 sch eec.o"s Mi oe ,'
pointed under the act OF ea 10 supcntcnd aud record shc
eectionsl ,
3D. Who are 10 be elected by the said twenty persons
from among themselves! 49,
Ith What is 10 be the number Of the Council!
find serious difficulty in answering some o these lnes-
lions If the 1851 is adopted part OF the charter,
further of Assembly passed and adopted by the
city, will probably become necessary 10 have us true con
sructOn asccIiancd ~ judicial interpretations But the act
is narifciay drawn that is difficult 10 ascertain BY the
settled rules OF Interpretation what construction will be
adopted by the Courts.
| 10, tina
elections for nine persons in each ward under the u -2
think nine persons still 10 be elected in each ward
under the Of 1912. The act of 35l does not provide for
the election OF persons in each ward o whom the
Aldermen be appointed. Indeed II If wholly silent
aldermen except in the last clause and that only provides
for postponng the election Of the present speaks
several times OF CounciImcn but but aues 10
the election of Aldermen. If the provision for the election
of persons in each ward is repealed the Hastings Court
is abolished. infer from the necessity Of the case that The
act OF l5i2, requiring the election OF nine persons in each
ward is not TO be repealed by the act OF ISL
But is the election OF these nGe persons IN eacM wra 10
be conducted by the Sergeant, under the act OF loi-
think il is though il Is question about which council
and Judges may differ.
is obvious that there is no express repeal Of provi
sons 1872 requiring the Sergeant t" appoint
place election nine in each ward and re-
curing him and his deputies to conduct the election subject
the ordinances OF the city, &c II these provisions are re-
pcaed, il must be BY implication.
The doctrine Of an implied repeal Of an old statute by
new is stated thus in work OF high authority:
"An old statute gives place to new one and when the
common law and statute differ the coln,non law gives
place the statute, il expressed In negative words The
first part this rule however, must be received win some
degree of caution for it in general necessary that The IN
tention Of the Legislature repeal previous statute be eS
pressed in clear and unambaucus language and must be
merely left be nfcod from the subsequent statute
ancient statute will BIZ impedly repealed by more
modern one only when the latter is cnuced III ".gdfrf terms
its is clearly repngnant that II necessarily i'm
plies negative" And again is said whcre both acts are
rely affirmative and the substance such that both may
stand together in this case The latter does not rePea The
former, but they shnl both have concurrent cltcacv
The above made from Broom5 legal nlaSins
an fully sustained by the numerous cases cited by the
author 10 support them.
Dwarris states the doctrine substantially in the way
He SAYS "I.very affirmative oy Implication
peal OF precedent affirmative statute 50 far - II Is con
| ry thereto"
And again: And il is general rulc that subsequent
statutes which add cumulative penalties, and substitute new
methods OF proceeding do not repeal former penalties ana
methods proceeding ordained by preceding statutes: with
out negative words. Nor hath latter act Of parliament
been construed 10 repeal prior act unless there BE-
conrarley or rcrsnancy in heI or al leSi some hrf
taken OF the former 10 indicate an intention OF The
| law giver repeal L." Cj1S-i)
In the application OF these doctrines TO me laws n le
lion, find much difficulty.
The provision OF Tie Third section o! the act OF 1921! ht
there shall be appon,rl one or more con-en persons in
each ward who shall supentend md record such elections
for Councilman and officers and N" provision OF the iih
section, that the superintendent; shall notify The Couhceh
and officers OF their ecctiDn would at rst s4n raise c
impression that the supealrndcns t"cnnduct the cleo
ion. But examination such serious dide' rSi>. IN
the way this constructions and the provision for It's exc
cuion totally deficient that think cannot bc adopted
IT be recoccled in considering this question that the
OF contracting egisang for, and taxing the city, IL
by the charter OF 1872 vested IN the Council ana ua' e
duty and power OF holding Hastings Court are vested !"
Aldermen. The election Of these officers is therefore
ma great importance thu credit and all the business
of the city II is OF great and especial Importance that There
should Judge OF their c!cOn 81 that AL The d9hs
which would follow contested election may be hvnled
This carefully provided for IN the charter OF lsl2-
While the election be- held under such ordinances ana
regulations the Council might adopt the Sergeant vas
the Judge Of the election and ha judgment was conclusive
Now question is whether by force Of these provisions,
50 much the 1912 directs the Sergeant 10
duet the election and c0s utcs HIM tile Judge al c ha
| election, is implicitly Repealed.
From the authorities above qui'ci the result IL that re-
peas by duplication favored in aw-ttdt they must
be made BY negative words by reosnant that
both stand aud that the design In repeal
must certainly appear without dUnbt or Ambiguity
Does the design repeal clearly appear here! 10 MAX"
SUCH design, first infer that there was to De ou'
one election 81. Although the act Of 1851 is entirely silent
Aldermen except in The section Of ostponng The cleo.
ton in tie present year. We hrc TO Infer mat ey are 10 DC
elected under the words concllncn used IN the act Sd we
infer that the Superintendent are 10 be Judges Q! the
election although the is entirely silen: 10 these duties
| Havn. thus raised three implications, them
build fourth viz: that the law implicitly giving the SUI
pcrntenens the power conduct and aGe the election ri
Councmcn and Aldermen, implicitly fei"as 5" rrch ot the
law of 1912. expressly gives this power I" The Sergeant
This mode repeating law by first giving by implication
power The act and then implicitly "prting the eX.
press of the old act 10 me al "nr with q. souha
principles OF construction, and have mel with no authority
that would sustain il.
But there exists The face of the itself inspea-
BILE objection construction which would constitute the
superintencuts Judges eIecnn lis found in the
visu the Gin Of The 9th section requires
the President of the Council to issue commission Ia The
officers elected &c. prorGed hocrer that no such com
mission shall issue unless majority or The Council are
satisfied that the person claiming the was duly and e-
gay elected In they not satisfied they may
! order election forthwith for any office.
The commissions thus TO be issued the officers men
toned In this law and the Conlcilmcn. the law
therefore constitutes the Council the judges o the election
OF the other officers Necessarily the superintendent are
not the Judges of the election Of the other officers 1t
the superintendent the Judges Of the election 81 the
other Off il is OF plain inference that they are
Judges the election of CDunclmen The great OBJECT
the law be give The people the election oil
the officers enumerated in tho frs; section The mention OF
the Concmen is only incidental by very loose and in
artificial expressions. II tho supernendcDts by lmpca-
ton made the judges of the election OF the officers for
whose election the law intended chiefly provide they
by implication b. made the Judges Of te election OF
those who only casually mentioned.
But the COuncilmen moi by this law made the judges
of their election. Certainly they not naie SO by
express terms, and it they cannot by mri-
cation. Such implied construction might be attended
with serious mischief Suppose rival parties struggling
for The ascendancy in the Council Ii parties
Judges OF their election, the violent controversies
the organization OF tie city government nigh; annual
Nv occur in the Council.