, 1861-04-10

pear expressly and unequivocal1y from th
provisions and enacttuents and language
the law itself that it il to 60 into effect fo1tl
With, that this would not bs sufficient, even
the particular words Of the 93d section hh
been Wanting-because1 am clearly Of opiulo1
that the 92d section is in force, aud is in ii
| way affected by the vote Of the people on tn
portion Of the char CT submitted to them.
The 92d section provides that the act ~
tohole should take effect and be in force from
and after its passage. The act then became
section Of the act provided that certAi1
amendments to the charter which were con
| tained in the act following that section shoui&
be submitted to the lngal voters, and that If
najorityof the ballotsnhou1d be for such ainend
meats, then said amendments should consti
tute . part OF the city charter and be In forct
and yir ue.
In other words, the act makes certain
amendments to the city charter absolutely
and makes provision for submitting certain
other amendments to vote. The whole Law
necessarily went into effect on it, passage
Tho submission Of the amendment to popu.
lar vote is itself q provision of the law The
power to hold the election on the third Tues
day in March fs derived from the law, and the
election itself could not have been
held if the law had not 1T that
time been n force. large part Of the law
was by Its own Terms not to 60 into actual
| operation at once. The old government was
and the new election Was deferred until thet
| time. The amendments following the 9th
section were not to go into effect at ALL except
upon the happening Of certain contingency,
viz: the fact that a majority Of the ballots Of
the legal voters Of said city should be cast in
their favor: The Legislature had q right to
pr scribe that the whole Law should 60 into
effect at a future period, or to provide that q
certain part Of 1t ehould 20 into effect at fn-
tuEe period, or upon certain contingency,
and until the period arrives or contingency
happens, such part Of the law does not become
practically operative. But the statute itsel,
nevertheless, is a valid law, though the period
operation may be delayed. The law wentinto
force on the 18th Of February, 1861, By its own
terms. It provides for an election on the third
Tuesday Of March. Tint election has been
held by the authority Of the law. At that
election the amendments submitted were not
cannot 60 into effect by the terms of the law
itself But the proyieo making the Inv take
effect from and after its passage was not to de-
pend on the vote Of the people; for if it were,
where would power be found to submit these
amendments to the people for a vote at the
election held on the third Tuesday of March
last, or in truth to hold such election at any
time? The amendments which we're submit
ted to the people were not to become parts Of
the law until submitted to and adopted by
them in the manner provided. If this clause
Were to be considered one Of such amendme ute,
then 1t had no validity till it YVES voted On, and
the vote was impossible, BECAUSE the act ac-
cording to this construction was not In force.
BY that construction the old charter was still
III force until the sixty days expired and tho
election should have been held is usual on the
first Tuesday OF March Last. But the act ex-
pressly prevents such au election, and con-
1iaues the term Of the officers elected under,
The old charter to the third Tuesday in April
1861.
A construction Of a public law which H.
wolves such Inconsistencies and absurdities IL
not to be countenanced. Necessity alone
would excuse it, and in this case it is not only
unnecessary, bn: in ny, opinion wholly IN
Viewing the 92d section as 1t should be
viewed es The mere Legislative direction re-
quised hy the Constitution to give immediate
legal validity to the act, and the intention Of
the Legislature is carried out, and the whole
Law becomes consistent and harmonious.
The Legislature passed the act and provided
that it should at once become law, but pro-
siding at the same time that portions OF it
only should take effect absolutely and other
portions to take effect upon the happening Of
certain contingency, viz: that the ma
Jority should vote tor it. The contingent
cy not having happened, that portion
whose going INTO effect, depended upon
der stands precisely the same as If no other
portion had been connected with it. This Is
obviously the design Of the Legislature, and it
is i'll my judgment perfectly consistent with
the language Of the act have therefore no
hesitation IN saying that that portion Of the act
IL IN full force, and binding upon the Board
of Sewerage Commissioners, and all other per-
sons affected thereby.
A further question is made that the submis-
sion OF the law to the vote, and making it's va
idity depend On such vote, was unconstitu-
tional So .ar a. this doctrine applies to laws
Of q general nature, it is unnecessary now to
discuss it, because however that may be,
there esn be no question that 'laps affecting
local public corporations, such as counties
and cities, &C., may be submitted to the vote
Of the local corporations to be affected there
by. TGat such is the Law in this State, is e1-
pressly settled in the People vs. Reynolds, 5
Gilman j, where it WAS held that law pro
viding for division Of q county, and the for
mztiUn Of new county from the same terri
tory, to take effect on majority Of the votes
being cast for such division, YVES constitu-
tional that the acts Of the General Assem-
bly, are not necessarily absolute, but may be
event or contingency for taking effect.
The very able opinion of Judge Cation in
this case confirms the views have presented
tu relation to the act becoming law on its
passage
III is assumed (sa5s he) that instead Of
hands Of the General Assembly, this as merely
q bill prepared by that Department of the
Government, and submitted to the people, to
be By them passed into O Law, or defeat d at
the polls. This assumption is not true in fact
The faw as passed 'oas complete and perfect. al
though Us principal 1',otasioss seers to take r.
5ect upon a contingency"
1t may be said that the 90th section, which
rep, a,ed al such parts OF the actto which this
is an amendment is included in the part sub-
mftted to vote, and did not therefore become
a law, and that consequently the old charter
not being repealed til. rsey, continues in force,
and as q consequence the Amended charter
falls.
But It is to DO considered that no express
rcpealing clause ID necessary to repeal prior
law on the same subject. Thst Subsequent
1aw, by it's own tegms, repeals all prior leg
islation which is Inconsistent with it.
This rule was applied to an act amending
case Of Illinois and Michigan Canal vs. City Of
Chicago, Il III. 3Se4.
But in addition to this, in the part Of the
law which was not submitted, there
are express provisions repeating ,por-
tions of tn9 former nas .aw sections II
preceding section 67 In this act having become
: Law, they would, withoutthe aid OF the o0tE
section, necessarily repeal by implication Al
that is Inconsistent with them in the 4orner
acts, and the provision Of the Goth section
would be but an express declaration Of what
construction of the 90tn section is that It waa
intended to apply, and does apply, Just go far
as the amendments which took effect required
its application. In other words, it applied to