The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-08-01

the charter provisions above set
forth. A careful study and ANAL
ysis Of the decisions of our own
court give prompt answer to this
inquiry, and, to my mind, remove
every doubt.
A statute, general or special,
may be modified or repealed by
express legislative declaration to-
that effect, or by the enactment OF
subsequent inconsistent legisla-
ton. In either case the repeal
has its foundation in the legisla
tive intent. In the one case it is
afirmatively declared, and arises
in the other by implication of law.
Before the court will apply the
rule of presumptive repeal, the
intent to supercede an old by
new statute must clearly appear.
State ex RELY. Peter, 1o1 MINI. 462.
In State v. Archibald, 43 MINI.
AIS, the court pertlnently re-
marked that "to justify court in
holding that an act is repealed by
one subsequently passed, it must
appear that the later provision is
certainly and clearly in hostility
to the former. If by any reason
able construction the two statutes
can stand together, they must so
stand" Both statutes here under
consideration may stand together.
Harmony between them is not i'm
possible.
In State ex Rel v. Egan, 81
MINI. 331, Start c. J. said: "The
rule is we'll settled that a general
statute, without negative words or
positive repugnancy, will not re-
peal, by implication, the provis-
ions of an existing prior special
one. 1t is only when it appears
that such is the intention of the
legislature that statutes of a gem
eral nature repeal, by implication,
charters and special acts passed
for the benefit of particular NUM-
cipalities. The intention of the
legislature that general law
should have the effect to repeal ty
implication a prior act is less read
lily to repeal by implication a prior
act is less readily to be implied
where such act is part of mu-
nicipal charter, presumably en-
acted with regard to the wants of
particular locality, than if the
act was general" and fur
Their: eff a general law Contain
ing no repeating clause) which is
any manner relates to matters
which are already provided for by
special charters of the municipal
tiles of the state. ..... must be
held to repeal pro tanto, by lmpli-
cation, such special charters, the
result will be great confusion and
serious injury to public and private
interests. Such a result must be
avoided if it can be done by any
practical and reasonable con-
struction."
Whether the clause in Section 125
R. L. 1905, "TO BE APPROVED BY
THE MAYOR OR PRESIDENT" was
intended to take the place of the pro-
vision of the charter to the effect that
the passage of resolution over the
| mayors veto "SHALL HAVE THE
SAME FORCE AND EFFECT AS IF
APPROVED BY THE MAYOR"
must be gathered from the Legislative
intent. The trend of legislation in
this state has been the development of
local self government. Hence. S125
r. L. 1905, must be considered as
| remedial in its objects and that the act
of the legislature was induced by pub
lie considerations and should there
fore receive liberal construction to
effect the purpose of it's trainers. "a
right and literal reading would in
many cases defeat the very object of
the statute and exemplify the maxim
that the letter killeth, while the spirit
keepeth alive.''
State ex Rel v. St. P. M. & M. Ry.
Co., SO MINI. $50.
It is an old and mistaken rule in
the construction of statutes. "that the
intention of remedial statute will
always prevail over the literal sense
of it's terms, and therefore when the
expression is special or particular,
but the reason is general, the express
sion should be deemed general"
Brown v. Pendergast, 80 Mass. 427.
A large construction is to be given
to statutes having for their end the
promotion of important and beneficial
public objects.
Town v. Pond, 10 Conn. 597.
The contrast of the respective pro-
visions of the two laws have hereinbe-
fore been set out in full. It must be
assumed. in the absense of any eA press
declaration to the contrary, that 1t was
not the intention of the legislature to
repeal the provisions of the charter as
the method OF passing resolutions and
that it left the method to be governed
by the charter. It is manifest that the
only purpose of this act was to pro-
do L.