The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-10-27

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whether he persitcntiary commits
sioners arecrtitied 10 an annual saiarF.
II i furnished the Posr-frzEr11sEx-
CIR By Cas- r. ]. Parker. president a
the board.
sEsTnE. W. T.. Oct is. ISIS.
Sra. Your favor Of the 9Th inst en-
closing Foucher No. -, Tor salary
etc. Of one Of The con- missioner. as
received, and beg leave % submit nv
opinion upon tie matters therein pro-
posed.
10 provide fos the further construction
peni entlary buildings at WaIla
Walsa: for The purchase Of nsceSsarv
plant for the manufacture o. grain
sacks thereat; FOR heating the same
Tor The uEairten 4nee Of prisoners
therein con8nesl - coYfr deficiencies
Tor past expenditure made on account
OF the same an 4 ap.sropriafing money
therefore fixes the consideration for
services rendered by the commission
efs 81 All annual salary Of 500 each
and his aetraI ard necessary travelling
expenses IN attending the meetings OF
the board and no more and further
provides how said salary shall be paid.
Seetzon II, as II the trainers OF the act
were doubtful that the words and no
more in seeticn L were not sufficient
& emphatic, says no commissioner
shall, as such, dire lIy or indirectly
receive any pr Y or eFaoluRent for bis
services. except az provided IN section
Il OF this act. =
This set was approved ana took Ell
feet February /, isSS.
Section 3 OF thv aet entitled an act
70 govern the officers OF the Territorial
peniteptiary, and 90 provide for their
compensation, fixes the animal salary
OF each commissioner at s. per iay
during the time OF the session Of the
board Of commissioners. aud his
act and necessary travelling ex-
penses in attending The meetings Of
the hoard
Tbs act was approved ard took ef-
feet February 2. 1ssS.
The provisions Of these asss relating
to the compensation Of the commits
sioners are to my mind utterly irrecon-
cilatle The terms Of the FIRST in plain
words are that each commissioner
shall receive annually a salary Of only
$500 and expenses ''agd no more. In
addition to the clear and unmistakabIe
language used in section II the lesis-
latuTe seems TO have emphasized its
intention by the terms OF section IT,
which provides as follows: No COM
missioner shall, as such directly or in
directly receive Sny pay or emoiu-
ment for his services except as pro-
yided in section u OF this act, etc. .
Reading then sections u and Il OF the
act OF February 1, 1855, together. it
viii leave no doubt upon the mind as
10 the compensation intended 20 be
allowed the commits toner's for services,
etc. under that act.
Upon the following day the legis-
lature seems TO have surned a somer-
sault, and passed the act of February
2, ISIS, supra.
Section 3 OF the act provides as ioi-
lows: The annual salaries OF the
board of penitentiary commissioners.
Physicians, warden, asst; tant warden,
clerk and all oFerseers and guards
shall be as follows: Each commits
sioner S. per day, during the time of
the session OF the beard OF commits
sioners. and his actual and necessary
travelling expenses in attending the
meetings ofsaia board, etc, ;" and con-
tinuing on TO li2 all the salaries OF the
officers connected herewith. and also
the time when they shall be paid. The
provisions Of this section are undeni-
ably repugnant TO the provisions OF
sections II and II of the former act,
and repeal the same by implication a.
far as they relate to the questions OF
salary.
II It is claimed that the provisions
OF section OF the act OF February ,,
1855, increased the salary, by parity
of reasoning the travelling expenses,
etc. are to be paid twice This is
plainly not the intention.
The terms of the section above re-
ferred TO in both acts, provide for the
same thing fully aud completely, and
cannot stand together. The provisions
mentioned in the first are implicitly
repe aled by the terms of the second,
and the latter must prevail.
tEetween two inconsistent and ir-
reconcilahle acts or actions the last in
time OF position prevails Sedgwick
on Cen. Stat. and Const Law, "a ed.
=. 100 note and cases cited.
III IN any particular ii is possible for
both Statutes to remain in force, ii, in
other words, TO continue any portion
of the pricr statute in force. will de-
stroy any portion of the act Of 1885 it
must be held that. TO that extent, the
prior statute is not in force, notwith-
standing the declaration OF section 4,
that it shah remain in force" Penn
sylvania Co. vs.. Dunlap, Ii \. r. Rep.
p. 405.
"The general rule on the subject OF
repeats by implication often recognized
and acted upon in our decisions, is
that where new statute covers the
whole su5ject-matter OF an old one, adds
new otleuses or prcscribes different
penalties for those enumerated in the
old law, then the older statute is re-
pealed by implication State ex. rel
Hudspeth -. Cooper ct al, vol. Is n.
z. Rep. p. 20, and eases cited.
A statute may be repealed by i'm
piication, as we'll as in direct terms !;
and it is well settled that where a sub
sequent act IS repugnant 10 prior
one, the last operates without any re-
pealiug clause, as a repeal OF the first.
II We apply this rule of con-
struction to the two acts in question,
the case Is closed. They both provide
for the salary Of the district attorney.
and were evidently intended in both
cases 10 fix lis limit. and as the
amounts designated are different, the
last acl must be considered, 20 the ex-
tent OF the difference, as substituted
for the first Pierpont vs.. Crouch, 10
Cal, PIP. Sic and 81. also Seoheid vs..
White, Z Cal. p 100; matter OF estate
of Wixon, 81 Cal, =. 52i; Caristy IS.
II. :. Sacramento CO.
There csn be no doubt that in the
case in uoiat sec Of chap. NCI, re-
peaiea the provisions o. sections II and
II of the former act as Far as relates
60 the salaries OF the commissioners.
and that they are only entitled 10 the
salaries provided fer in said act Of
chap. NCf. sec. 3
Again the tito OF the act approved
February .. 1883, j. germsine 20 the
provisions OF section Of the act,
while shat 81 the act Of February /.
ISIS. IS not, according - the proYis-
ions Of sections IL and l. Of the act.
The most remarkable feature sus-
geste8 oY this question Is the enact
meut a tAe FIRST Of these statutes
February l. aEd,tks other February 2.
issS, % Che same nanth and their re-
puguancy nss man; estiaw itself to the
| legislature
! am constrained rs believe that il
was Loi tho intention 81 the trainers of
these acts - deprive the commission
ers 0f lust ard far compensation for
their services compensation, too,