, 1874-06-12
ILLINOIS SUPREME COURT.

<tpECtIt L0|ItdpuWC74CEW ~ i HH LHEHGV 41toHHts
MOUNT VERNON ILL.,, June 10. 1874.
The following statement Of caao and opinion
were fllod hero yesterday, and are important In
their effectH on railroad corporations:
1Patroad compauy-Error to Rtehiand. .Rchear-
srArEMExr OF CASE NJ a1A111srER, !.
TIE tc a rsr.a Of S act t. 2ofs Gr
pounds weight, or stca,n-whtae. shall be placed on
eayh iosoMottve-sugtne md sha ha rung or w'stlcd
be- Kept ringing wistlng until it shall have crossed
ss ssad ee Se ~ Us q aw
road thereof to 60 to the inforor sn the
ayes which sha 10 sustained BY any person by reason
oS such neglect -Stss. Lags, lsi9. p. 3l.
1t tle 1una term, 1903. ot ths hichand Circuit
hive been incurred under tho above ,the dcclara
ton containing 1,15 counts, and claiming tho penalty
Of o IN each so and @ Mo nta s sn soEcs W. e. M @ -
entitled ii An net 10 amond the Railroad law" tho
1lrst section Of which is aa follows: "That Sec.
sss'e Of of laroaa oorporsops 10 spprovea Sov
13o md any similar provision IN any special railroad
asded 10 as To- sda as foWs w w. ct
least 10 pounds weight, or steam-whistlc, Blal bc
Tacea each notwithstanding, which anal 10 run
Of lcaRt 80 rotH from tbs paee where tho railroad
crosses any public street or highway and bs Kept ring
NlR OF WHHtuuB uulll 6uGH SlFEos OF highway ~
reached. usder pendv f,sot ercecug 500 for each
s'eee| Of wlch ponalty to 60 to iha prose
sntng and Tue GGE S to 50 10 ~ sSS
to nny party injured for MI damages sustained BY
r.anon Of slch neglect. rop,ded. That such penaity
uhal DO sued Tor Within three months from the timo
the cause Of action aocrues. and mt thereafter
sEc .. This act shal not apply to suits nov pend
1,snaty rceoyerabis IN such quits sha b. not ereesdg
Iloo, tistead eff5o as therein prorided." =,
~ pca puts darretn continuance, tls Int mentioned
unt Hhfn IN $hR Ar{Int 1it1e
plaintiff dcuaurrcd to the plea The Court oyerruled
The demurrer: and gaEe Judgment for the defendant;
Tue nlntH brings tho 10 this Court by writ ol
error assigns for error tho decision Of the Court
below upou the demurrer.
OPINION or THE COURT BY M'ALLIsTER J.
This action was brought to recover divers rona1ete1
alleged 10 laye been incurred under the thfrtycighf
SECTION Of tho act entitled An act to provide for
general syatcm of ralroad Incorporation" approved
Pending tho action, and before trial another nc'
was passed upon tho Same subject, which went int
this record for consideration First. The formal
Of there statutes repealed by tie later? second &c
what Saa the effect of such repeal upon this action
First thon, ~ 10 The repeal: Tho statute Of 1s4:
at3es to eash violation tne absolute aud nreratss
not eTrffina si0o" And hy 1hls latude Of discretion
Tho penuly under tho latter nay be double That unde'
Il IL familiar rno that every statute IT, by implca
on repent Of al Rrtor satates 40 iar as T. H. COZ
Ia RI. ,. Gnton. 1 lur.ou. a.o2o. Tie defendant
was convicted for enticnE artsccrx lnto fore3gu
jet Tut Of Georss H. ilreet led fns 'ot ~ e.
illu subsequent act, 70 Gorc RI, c: 49, inflicted zen
eity of G501 aud tWclye nontla Imprisonment. Lnrt
haHcld held to former act to ha'o hesn repealed h.,
&c. where On act prohibited an unlicensed persor
tron Heing run sin'cr penalty OF $?o for eacli Of
fNuHe; mud subsequent Bsatute prohibited tue sa,A
o pain Of forfeit1ng not mora than f29 nor les
an slo for each oese. tie former atntute being a
.ontu 4n ana ths ~ sttes Ter so%g tt
fontlay md substantially fuconsiaent aud tiat u.
former wns E sepSaed % ~ }. tho Astsf a't.-co0efa
It laa geueral rulo TINT, where statute imposes
new peSay " for for r. osnss 4 sse " r
cnt penay y.-Sa|ycck Slut. and C0Hsf. Lac, US.
NAt tho1d section Of tl,s act Of 1869 repoals th
penalty Of tao not Of iso 30 tar rs'nted 70 e.stn
% spnly & 4 sits now asa rsaassa ] aasr tha secon ass'
amended except that tle penalty recoverable III
aai.a sha!l n9t bs exceeding sloo instead OF $50
Theae wofds loayo no room for doubt That the ntea
ton Of the aw-naker as to repeal tho 38h aoct!on
nut, tnasmnch ~ tho act Of 1ae9 allowing asitud
In respect to thu esa!ty, from cent tn tl0o IN ncor
psremrtory pcnaity Of t5n Ii nocesaarJ follows ihu
s act 9 lsg IL rspealed BY that u 1s9 e1copt f
such ID 1oetiun which expressly pa1porta to sui!itnt
new punishment for violation Of tllS act Of Isl
lready cohnlittetE aud for which hn!ts wsrs tic
2endlug must bo regarded % expostG law au
foid.
o,1uianane Ii mannpr In which II wnn not rnnishsb
when it waH committed, whether by personal
,ncuutary peAa!ties.-SedG. on Stat and C0nst Lat&
liz; tYeicker .. Iset, s Crunch, 13s.
It only rea!ns to consider the ofoet Of The rope
Of lilo 38t section Of tug act Of ls49, uu!er which th
suit was brought, aftoE its COMMENCEMENT aud bafo
S1Jgmont That question ia nettled by tls ease
Vtn It.lpagsn y. ts Cay Of Chicago, o. ~, 81. Tho
this Court saa; "Tho eroct Of = arereai,,g statute
TO obura.e tho prior law completely froln tho
orda ~ II 1t had nuyor passed, ana II muss 70 cor
uttered law TINT never exlsed except for tho rl1