Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-11-11
FISH LAW VIOLATION FINES.
Judge Mcfarland Decides How They
Shall BE Disposed of.


Judge Mcfarland has rendered the fol-
lowing decision in the case of the People
VS.. O. 7. Dobbins-an agreed case submit
ted TO him some time since:
This action has been submitted upon an
agreed statement of facts. The defendant,
who is District Attorney of Solano county,
has in his hands S305, being the one-fourth
of certain moneys collected as fines paid by
certain persons convicted of violations OF
the provisions of Chapter l., Title XIV, of
the Penal Code-relatiDg TO the unlawful
catching of fish. The point in controversy
is whether the money belongs to the de-
PENDANT as District Attorney, or whether it
should go into the State Treasury for the
benefit of the Fish Commission and its
solution depends upon Sections 634 and 636
of said Chapter |. 1t is agreed by counsel
that there is manifest and irreconcilable
conflict between the provisions of these
two sections, and that they cannot stand
together.
Section ga provides that zone half of
all moneys collected for fines for violation
of the provisions of this chapter shall be
paid to the informer; one quarter to the
District Attorney of the county in which
the action is tried, and one quarter shall
be paid into the Fish Commission Fund, 5"
etc.
Section 636 provides that Zone half of
all moneys collected for fines for violations
of the provisions of this chapter shall be
paid to the informer, and one half to the
District Attorney Of the county in which
the action is prosecuted etc.
Section GA, as 1t now reads, was passed
that is, amended and re-enacted-on the
18th OF March, 1885. Section $50, as it
now reads, was passed several years
before March, 1885. Section 634
on the subject. But counsel for defendant
cont nds that in case like this. the sec
ton last in 1ftmericdL order must prevail,
under Section 44S4 Of the Political Code,
which is made applicable to all the Codes,
and is as follows:
Section ASA. If conflicting provisions
are found in different section of the same
chapter or article, the provisions of the
sections last in numerical order must pre-
vail, unless such construction is inconsist-
ent with the meaning of such chapter or
article"
The contention of defendant is that this
section of the Political Code entirely ami
hilates-so far as the Codes are concerned
the old and thoroughly established rule
that, in cases OF irreconcilable conflicts, the
latest expression of the legislative rule
must prevail. 1t applies to the Codes for
all time the iron bound rule that, no mat
ter when the different parts of it may
have been passed, amended, or re-enacted,
still the highest numbered section must pre-
vail. and the manifest intentions of the
Legislature be disregarded. Such a radical
change of the rules of construction should
not be adopted unless the language of the
| Code above quoted imperatiyely command
| it
| But really Section 4464 Of the Political
| Code contains nothing new on the subject,
| It is g mere statement of what was the law
| before. It was always the rule that where
| two provisions of a statute, all passed at
| the same time, could not be reconciled, the
one which came last in point of position
prevailed. This was but an application of
| the principle which gives effect to the latest
expression of the legislative will-the pre-
sumption reing that the latter part of the
I statute was last considered. The question
NAV therefore be determined as though
Section 44S4 had never been enacted. In
nv opinion, therefore, whenever there are
two irreconoilable legislative acts passed at
different times-whether they be in the
shape OF re-enaetments of parts of a Code
or in some other form-the latter Act in
point of time is the law, because 1t is the
] latest expression of the legislative will.
] NV conclusion is that the 1905 i'll contest
should be paid by defendant into the State
| Treasury for the benefit and use of the
Fish Commission fund. Let judgment be
entered in that amount for plaintiffs.