Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-15
G9LAN DEN
UND COMPOUNDHN
NEW GLAND TONIC ron aUN-p0NM pEcpN
Maine SUPREME court PASSES
ON CHAPTERS | OF, 276 And 277
RELATIVE TO CONFLICT OF LAW

the United States or of this State
. the money so raised to be
expended under the direction of the
municipal authorities >"
Then follow provisions for the
amounts to be paid, the method of
payment and accounting and reim-
bursement by the State.
This bill, which carried an
emergency clause, was introduced in
the House on April g. 1917, by the
same member who introduced the Re-
solve, Chap. 101, already considered
and at the time of it's introduction
this member stated that when the
proper time arrived he would move
the indefinite postponement Of the
prior resolve. But such indefinite
postpOnement was not subsequently
moved. The resolve was finally
passed and this bill was finally en-
acted both being approved on the
same day, April Z.
Whether this was because of an ex-
cusable oversight amid the rush of
business in the closing days of the
session or whether it was afterwards
decided that. because of the elastic
provision in the resolve as amended
as TO amount it's passage could do lit
tie practical harm it is of course i'm
possible to state. In any event the
Resolve was duly passed and was not
expressly repealed,
Did the passage of Chapter 276 re-
peal it by Implication? We think not
In order to effect a repeal by implica-
ton the later statute must be so
broad in its scope and so clear and
explicit Mn it's terms as to show that
II was offended to cover the whole
SUBJECT matter and to displace the
'prIor statute or the two must be 90
plainly repugnant and inconsistent
that they cannot stand together.
The Court will if possible give effecr
to both statutes and will not presume
that the Legislature intended a re-
peal" Eden V. Southwest Harbor. 1O8
Maine 4S9.
In the first place it is impossible to
state whether Chapter e76 was an
proved by the Governor subsequently,
to the approval of the resolve, or the
resolve was approved later than the
Act. 1t is this approval which gives
life to all legislative enactments. Both
the resolve and the act were approved
on the same day and nothing appear-
ing to the contrary they are presumed
10 have been approved contempora-
heously Stuart ". Chapman, 10i
Maine. II.
Even if the act was in fact an
proved SnhSpn,Ionflv 20 ho
does not necessarily displace the re-
solFe' Ihey are neither repugnant to
nor inconsistent with each other
10 Illustrate. The resolve provides
for the payment of no definite sum.
The amount cannot exceed one dollar
per day, but it may be any sum less
than that. The act specifies definite
amounts The resolve provides for
the payment of the whole to the vol
unteer himself at the end of the ser
vice If he have no dependents if de-
pendents, then monthly payments to
such dependents as he shall designate
Inc act contemplates no payments to
the volunteer himself. but only to de-
pendents. The resolve provides only
for volunteers who are mustered into
the United States service by way of
and through the National Guard. the
act provides for all volunteers. wheth
or soldier. sailor or marine. who shall
he in the military naval service
either of the United States or of this
State.
1t is apparent from a study Of the
resolve and the act that they can
stand together. especially as the
amount under the resolve is wholly
within the power of the legislature.
The resolve therefore was not implied
~ repealed by the passage Of CHAPTER
276.
Chapter PIT
An Act to provide State pay for Sol
diers and Sailors in the Volunteer Ser
vice of the United States
This act provided for the payment
by the State to each non-commis.
stoned officer, soldier sailor and ma
rinc mustered into the military SER
vice of the United States as a part of
the quota of this State or enrolled in
the naval service-a sum not in ex-
cess of ten dollars per month, as NAV
be necessary. in order that every such
n-commissioned officer, soldier or
sailor shall receive from the United
States and this State in the aggregate
the sum of TWENTY-FIVE dollars per
month"
This sum was to be paid monthly
at the Office of the Adjutant General
and to continue until March I. 1919.
unless the service was sooner termi-
mated.
This bill was introduced in the
House on April 6. 1917. was passed to
be enacted in both branches and was
also approved on April T. contempora-
neously with the Resolve and Act al
ready considered.
Under the rule of legal construc-
ton already stated it is evident that
this act did not repeal by implication
the resolve. 1t was passed in order
that the pay of enlisted men might be
increased TO s25 per month until the
National government should increase
! the pay to that amount. but not after