Nichols v. School District No. 3

MR. JUSTICE GALEN:

I dissent. It is our duty, if possible, to harmonize the legislation on the subject. By Chapter 122 of the Laws of 1923, section 1014 of the Revised Codes of 1921 is not expressly repealed, and, in my opinion, there is not a repeal thereof by necessary implication, otherwise or at all. And repeals by implication are never favored. (State ex rel. Hay v. Hindson, 40 Mont. 353, 106 Pac. 362; State ex rel. Metcalf v. Wileman, 49 Mont. 436, 143 Pac. 565.) If the separate enactments can by any reasonable construction be construed together, both should be upheld. (State ex rel.…