The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-01-18

effect of limiting TO the first of October.
1871. the operation OF all general statutes
passed By the Legislature OF 1871. the sub
feet of which are revised In the Code. unless
In a later act there Is a repeal OF these Sec
tions, so far as that act Is concerned, Ii re-
mains TO consider whether the eompensa-
ton of members was revises In the Code.
and whether the act of the 18th OF May.
1871, contains a repeal OF these sections 50
far as that statute itself Is concerned. Sec
ton 333 of the Code leaves the flrst question
too clear for argument or controversy. IL is
& part Of the Code and Its subject matter -
the com pensation Of the members Of the
Legislature Ii does mob fix the amount OF
compensation OF members, but declares the
rule on the subject as IL shall be after the
first day of October, 1871, by leaving It 20
the Legislature. which shall meet after that
time. Ii docs not say that tie members
shall have no compensation, but allows
them such as shall be fixed by them aud ap-
proved by the Governor. The subject mat
Ter of compensation Is therefore clearly re-
ferred to, legislated upon, and revised In
the Code Then does the act of the 18th Of
May. fixing the compensation at 81 per day
contain any provision that repeats sections
s and OF the Code
On this subject the rule Is plain There
Is 10 express repeal of these sections, and
there Is none implied. The rule Is clearly
settled thar the repeal of statutes by impli-
cation Is not favored in law. A subsequent.
statute cannot have this effect unless the
repugnancy between the two be plain and
manifest, but there Is no rcpugnancy be-
tween sections aud o limiting the opera
ton OF all Acts passed 10y the Legislature
of 1871, TO first of October, when the Code
went into effest and the provisions In the act
of 18th OF May. On the contrary they are
entirely consistent, and can stand together.
The act of the 18th of May, when construed
with reference to the rule which the Legls-
lature had itself prescribed, means that the
compensation shall be s. per day until the
first of October, 1871, when IL Is uTeIceded
nv the Code. These Views are very much
strengthened aud placed beyond dispute,
when we consider the nature aud office OF
n codiflcation of the statutes. In all ages
and In all civilized nations the PRONUNCIATION
of laws at different times, IA the exigencies
and wants of the rulers or the people seem
TO demand, new enactments. has always
resulted In producing in few
years an undlgested mass of statutes, many
of which were inconsistent with others so
that it became a difficult matter TO ascer-
tain the true rule of law on any one subject.
These statutes also soon become so volu-
miuous that the greatest Inconvenience re-
suited both In procuring them, and In read
ing and understanding them. The remedy
for this was codlflcation, that the injurious
enActments were repealed. and that part OF
the law which was valuable and desirable,
retained and logically and philosophically
the idea of a Code, il Is necessary that all
general laws not embraced In IL should be
repealed. The Legislature of 1871 under
took to make Code and embody I'm IL all
pen@BAl statutes, the subjects of hich were
Embraced In IL; they old prepare such n
Code and declare all other acts repealed.
Would IL not, therefore, be the stran2est of
all Imaginable thing - hold that having
performed this great and necessary duty
having provided for the repeal OF all statutes
whose subjects were REVISED In the Code,
that they had Immediately thereafter made
a general law OF n subject revised in the
Code which has the effect OF repealing "A
part of il, when they had failed TO manifest
any such intention. except by the mere fact
that the latter statute was approved by the
Governor, one day later Than the Code.
For the reasons above stated. Insist that
there is not AT the present time any COM
neusGtion fixed by law.
respectfully submitted.
ROM IOWRY.