Board of Education v. Rogers

I dissent. Section 268-a of the charter delegates to the council, upon the recommendation of the mayor, certain authority, the extent of which is in dispute. The board of education urges that while the amendments to the Education Law of the State of New York did not specifically repeal the provisions of the charter, by implication repeal was effected. Under the known principles of statutory construction that a private or local statute is not deemed repealed by a general act unless it is clearly the legislative intent to effect such repeal, I think otherwise. (People ex rel. Strough v.…