Daily globe., 1879-05-12
THE TOWNS MUST PAY.

Important Decision by JMd0e MacD0naId
Respecting Payment Of County Commits
sio"ers' Claims for Vie.vtn0 High,cays.
The following decision, which is of much
interest to the people of this State, we find |
in the Shakopee Argus:
District court. Eighth district, county Of Sib- |
Jacob Trimbo, respondent, VS.. County of Slb- |
ley, appellant.
Syllabus-The effect of the amendment made
to the general law, by chapter 27 of the general
laws Of 1876, is, that all expenses of laying out,
altering or discOntinuing any road-under
chapter of the general laws Of 1873-shall be
audited and paid by the towns in which the
road is.
DECISION.
This is appcal-taken by county attor-
ney-frOm the allowance to tho respondent of
the sum of So as compensation for two days'
services as county commissioner, in viewing n
highway known as the ''Schulbert Road" The
object OF the appeal is to procure a construc-
tion Of the law relating to the payment of such
claims, and road damages. decision was
delayed by failure of all counsel interested
(other cases involving the same question being
argued and submitted with this) to submit
their written arguments sooner.
The direct question involved in this appeal
is, whether chaptor ~ Of the general laws of
1876 repeals, by implication, the proviso to
section So of chapter of general laws of 1873
(Bissell's Stat, p. 522, and SO much Of section
Isl. p. 247 Of l;isselrs Statute as authorized
the county to pay the county commissioners
for such services. The proviso to section So
Of chapter 5 of the general laws of 1878, is as
follows: ''Irouidetl, that all damages sustain
ty road shall be assessed by the county COM
missioners laying out such road, and paid by
the county"
Section l57 Of page PAT Of Bisselps statutes,
is as follows: "The county commissioners
shall each receive three dollars per day for each
day they are necessarily employed in transact
ing the county business, and ten cents per mile
for every mile travelled, in going to or return
ing from the meeting of the county board, i'll
| the discharge of any official duty, computed by
| the nearest travelled route; but no county COM
| missioner shall receive pay for more than
twenty days in any one year, or be entitled to
| travelling fees for attendance on more than six
| sessions in any one year?"
| Chapter 27 of the general laws of 1876
amends section 63 Of said chapter of the gen
eral laws of 1873 by adding thereto the follow
ing: ''The amount of damages, as finally set
| tied by the county commissioners, or as agreed
| on by the supervisors, together with all the
| in laying out, altering or disseminating any
road. shall be audited by the supervisors, with
| the amount of damages and charges due each
| individual, which amount shall be certified to,
and deposited with the town clerk, and
paid by the town; and before any road shall be
equal to the damages assessed to each individ
nal, shall be duly issued and deposited witt
the said clerk for the use of said individual
and shall be, by said clerk, delivered to him or
demand. The issuing and depositing of said
orders aforesaid, shall be deemed to be suff.
ages"
This act Of 1876 contained no repeating
clause.
Any one reading these three sections or pro
visions of the statute, will perceive at ono
that the above Jaw of 1876 is directly in con
f1ict with the two sections quoted before it, s,
far as they relate to, and provide for the pay
ment Of officers or other persons, employed il
laying out, altering or discontinuing roads, o
in paying damages for the same. Upon tn
payment of these claims the above chapter q
laws of 1876. is clearly incompatible with tn
laws previously existing and above quoted.
The established rule of construction, in re
spect to the repeal of statutes by implication
(as stated by the county attorney that if ther
are two provisions of statute ON the same sut
!, ject which are repugnant the latest operate
as repeal of the first, so far as the repugnac
extends, but no farther. The latest expressio
of the legislative will must prevail.-lO Weno
$50; Hill, 225, and note; Potter's Dwarf
Under tbs rule, there is no question but tina
f these claims for services, and damages to til
r land owner, must be paid by the towns throug
which the road passes, and that the county
1 | not liable for the same, or any part thereof.
j This case has been thoroughly and cxtel
Y sively argued by counsel, and the same full
considered by me, but the above is all that
necessary for me to say in holding, as do, tn;
> chapter ~ of the general laws of 1876 repeal
:, by implication, the above proviso to section
: of chapter 5 of the general laws Of 1873, ar
;. the above section relating to compensation
= county commissioners, in so far as it is I
u pugnant to the said act of 1876.
. The objection upon the argument
to this construction, that no provision is mac
. to carry out the law, and it is therefore in
r practicable, is not necessary to consider hel
d There certainly should be additional legisl;
g tion for this purpose, but in the absence
l. such, am of opinion that the law is not in
II practicable.
d "Whenever a statute gives provides an
;, thing, the common law provides all necessa
'c requisites :.
I'm statutes, incidents are always suppl
n by lntendments; in other words, whenever
q power is given by a statute, everything necc:
10 ary to the making of it effectual is given
II implication; for the maxim is: gud'ad0
n aliquiA concctlH uidctur, ct id per Qnod devent
~ od iliiud." Dwnrris' Maxims, and 8.
: Ordered: That the decision and allowan
of the board of county commissioners, here
appealed from, be and the same is in all thr
- reversed; and that Judgment be entered
Fl cordlngly. J. L. MAcDoNALD,
~ Judge Eighth District.