[Download] "Box Et Al. v. Duncan Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Box Et Al. v. Duncan Et Al.
- Author : Supreme Court of Montana
- Release Date : January 06, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Schools and School Districts ? Consolidation of County High Schools ? Order of County Commissioners Made Under Chapter 148, Section 95, Held Void ? Statutes ? Repeal by Implication. Statutes ? Repeal by Implication not Favored by Courts ? When Statute may be Said to have Been So Repealed. 1. Repeal of a statute by implication is not favored by the courts; but where such a claim is made, the one making it must make it appear that the earlier statute and the later one asserted to have superseded it, are plainly and irreconcilably repugnant to or in conflict with each other, relate to the same subject and have the same object in view. - Page 217 Same ? Change by Codification ? Legislative Intent. 2. Legislative intent to change the effect of statutes by codification must appear clearly, before the courts will adjudge a change. Same ? School Laws ? Codification ? Implied Repeal of Section ? What Fact Properly Taken into Consideration to Show Absence of Intention to Repeal. 3. In ascertaining whether when the legislature enacted Chapter 148, Laws of 1931, establishing a uniform code of laws relating to the public school laws intended impliedly to repeal a section of the old law not specifically mentioned in the repealing clause, the fact that at its next regular session it passed an Act amending the supposed repealed section, may be taken into consideration. Same ? School Laws ? Consolidation of High Schools ? Power of County Commissioners ? Chapter 18, Laws of 1923, Held not Impliedly Repealed. 4. Held, under the above rules, that section 1023, Revised Codes of 1921, as amended by Chapter 18, Laws of 1923, declaring that no school district shall be created or boundaries thereof changed between March 1 and July 1 of any calendar year, was not impliedly repealed by section 95 of Chapter 148, Laws of 1931, authorizing boards of county commissioners to consolidate county high schools, subject to the approval by the State Superintendent of Public Instruction. Schools and School Districts ? Consolidation of High School Districts Under Section 95, Chapter 148, Laws of 1931, Held Void. 5. Action of the board of county commissioners, taken under section 95 of Chapter 148, Laws of 1931, ordering the consolidation of the high schools in two towns in a county in March, 1934, thus in effect creating a new school district at least for high school purposes, contrary to Chapter 37, Laws of 1933 (amendatory of Chap. 18, Laws of 1923), declaring inter alia, that no new school district shall be created or boundaries changed between March 1 and July 1 of any calendar year, held void. (MR. JUSTICE ANGSTMAN dissenting.) Same. 6. It would seem that the legislature, by enacting section 95, Chapter 148, Laws of 1931, never intended to confer upon the board of county commissioners the arbitrary power of consolidating county high schools without notice to anyone affected thereby, and without making any provision for the disposition of the property of the school which is discontinued, in view of the general policy governing the schools as evidenced by the school laws, taken as a whole.