Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-12-30
we.tern Tu,r1npikes. =

western Tunpikes.
For the better understanding Of the matter by the
public, and those more immediately interested, and
for as much as extracts meagre and inaccuratey
made from the letter Of she Governor to the Attor-
ney General and the opinion of the latter thereon,
have been lately published in the Asheyille Nesos,
we have been requested to publish both the papers
at length. But upon looking at them, we find the
facts set forth in the Governors letter and the qnes
tons addressed by him to the Attorney General so
fully recapitulaed in his opinion, that we deem it
unnecessary to publish the letter. 7t's'g@"
or course, should the Agent of Cherokee Bonds
act in accordance with the opinion Of the Attorney
General it will only affect the subscriptions to the
Turnpike Roads to the extent Of the unpaid balance
under the act of 1852. Out of the $4,000 and up
wards in the hands of the Agent, there would still
remain, applicable to the roads, about 1000,
which is being added to every day, by payments for
lands entered-the whole of which, under the in
structions of the Governor to the Agent will be ap
General is as follows: Il js-
--=z=asa~ WARRENToN, N c., Nov. 29th, 1857.
Has Ercellency Goeernor Bragg: a
DEAR SR:-Your communication of the 18th
instant asking my official opinion upon matter
which has been lately presented to you for the guild
ance of the Agent of the Cherokee Bonds, &C., to
his duties under several acts of the last and prior
sessions Of the General Assembly, has been received
and would have been answered before but for cir
cumstances of private nature which it is unneces
sary to mention. Our friend the Attorney Gen.
eral, we had as well say, had been absent t. get
marred.-EDS
After calling my attention to the fact that prior to
tbo IF no loo of Ghoro<
lands had by several acts been pledged and applied
to the construction of what is known the West.
Turnpike, and also by act passed in the year
1882 Claws of that session, p. 6l6) all the vacant
lands in the counties Of Cherokee, Macon, and Hay
wood were also pledged for the completion of said
road, and provision made for bringing these and
other lands into market; and by that act and one
supplemental thereto passed in 1854, claws, p. 46)
the proceeds were to 60 into the hands of the Agent
Of Cherokee Bonds &C., to be held by him under
the last named act g. for the same purpose and dis
posed of in the same manner as now required by
law;" thereby appropriating not only the fund ars
ing from what was known as Cherokee lands-lands
obtained by treaty, and which had not been subject
to entry up to that time but also all vacant lands
in said counties, as stated You proceed to call my
attention to an act passed at the session of 1862,
Laws p 620) enacting that it shall be the duty of
the Agent of Cherokee Bonds &C., to collect by suit
or otherwise, and pay out Of the first monies coming
to his hands to the public treasurer of the State the
sum of 81 ,457 30, with interest thereon from the
20lh of November, 1860, the amount which was ex-
pended out Of the public treasury for survey of the
Western Turnpke;-you also state that the West
ern Turnpike was commenced in the year 1851, and
completed in the month of October, 1856; that some
portion of the above amount of $1l 457 80 has been
paid by the Agent in accordance with the act of
1852; that the Agent of Cherokee Bonds has bonds
now in his hands amounting in the aggregate of
principal money, without including interest," to
$55 218, of which Sal 254 has been paid to him by
entry takers since the year 1862 the residue is for
re-valued and presumption land under the act of
lS50-5l, page SO, and remnant of old bonds under
sales of Cherokee lands in 1888 of about g. OOO
You then call my attention to the various private
acts passed at the last session Of the General Assem-
bly,, providing that the Agent Is upon certain con-
dtons to subscribe in behalf of the State, and pay
in bonds for stock in several Turnpike Companies
shall only refer to the acts which have bearing
upon the questions propounded in your letter, with
out undertaking to forth the various provisions
contained in all any of them. They are as fol-
lows:
Oh. 1876, p 1873, as to Macon County Turnpike
Oh. 1913, p 1913, as to the Tuckasege and Keowe
Company. ....
Gu las, p 15s, ouallatown and oconalufta Com
pany.
Oh. $780, p 154, as to Cheoih Company
Oh. 1Sl, p 1853, as to the same.
CHI 1872, p l6O. as to Jonathan Creek Company
Ch 1873, p. 1872, as to the Tuckasege and Nanta.
hala Company.
The Agent, you say, informs you that in some
cases, and perhaps in ALL he has been notified that
the terms of the above mentioned acts have been
complied with by individuals, and he has been called
upon to subscribe and pay in accord ance with the
provisions of the several acts My opinion desired
as to the effect of any all of these turnpike acts
upon the act of 1852 requiring the Agent to proceed
to collect by suit or otherwise and pay into the pub
lie treasury the amount heretofore stated, or so
much thereof as remains yet uupaid-a portion
having been already paid in accordance with the
act of 1852 Your letter contains three questions
upon which you desire my opinion and I will now
proceed to answer these in their order .-r
Question 1st Is the said act of 1852 repealed or
annulled thereby? After a careful examination of
the provisions contained in all of the acts to which
1852 is neither repealed annuled by any of those
acts but is still in force. 1t will not be pretended
that there is any express repeal of the act of 1862
for it is not mentioned in any of the subsequent
acts, which would have been done if the Legislature
had intended that they or any of them should have
such an effect. There being express repeal, the
next question to be considered u.s. whether there be
a repeal by necessary implication. Are the prov-
sons of the subsequent inconsistent or irrecon.
cable with the act of 1852? l cannot perceive in
what respect they are inconsistent repugnant
think that by fair Interpretation can it be said
that there is any implied repeal. every statute
should receive a reasonable construction, and to
arrive at proper construction the conrts Of justice
always examine and compare the different parts of
the same statute with others made in pari materia"
Estate os. Melton & Bird, Bus 49, So it seems to
me that the act of 1852, and the other acts passed
since, being in pari materia, constitute but one act
and are to be taken together and taking this view,
con see nothing in them to justify the opinion that
there is any repeal by necessary impcation by
reason of the latter acts being inconsistent with or
repugnant to the former act. Besides, it is we'll
settled principle of law that these implied re.
peals not to be favored thew are and shonld he
looked upon with suspicion. Ogden %. Vther-
spoQu. I'd HAY. 227l And a9ain Chiaf Iustiaa