[DOWNLOAD] "Fletcher v. Paige" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Fletcher v. Paige
- Author : Supreme Court of Montana
- Release Date : January 30, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Submitted April 24, 1950. 1. Statutes ? Liquor and Beer Act construed together. The State Liquor Control Act and the Montana Beer Act are in pari materia and must be construed together, and together with the amendments thereto are all one homogeneous and consistent body of law. 2. Statutes ? Application of maxim ""Expressio unius est exclusio alterius."" Where statute directs that a thing may be done in one manner it ordinarily implies that it shall not be done in any other manner. 3. Intoxicating liquors ? Advertising Liquor and Beer on billboards prohibited. Statute prohibiting advertisement of liquors by signboards or billboards but providing that signs advertising beer or malt liquor can be placed upon a brewery or premises where beer or malt liquor was lawfully stored or kept would be construed as prohibiting advertising of beer by signboard or billboard in any place other than breweries or premises where beer was stored under maxim of expressio unius est exclusio alterius. 4. Statutes ? Construction of words of statute. Every word, phrase, clause or sentence employed in statute is to be considered and none shall be held meaningless if it is possible to give effect to it. 5. Statutes ? Repeal by inconsistency. The general rule is that for a subsequent statute to repeal a former statute by implication the previous statute must be wholly inconsistent and incompatible with it. 6. Statutes ? Presumption of knowledge of existing statutes. The presumption is that Legislature passes a law with deliberation and with full knowledge of all existing ones on same subject, and does not intend to interfere with or aggravate a former law relating to same matter unless repugnancy between the two is irreconcilable. 7. Statutes ? Repeal by implication not presumed. It will not be presumed that a subsequent enactment of the Legislature intended to repeal former laws upon the subject when such former laws were not mentioned. 8. Statutes ? Court has duty to reconcile statutes. The court has duty to reconcile statutes if it appears possible to do so, consistent with legislative intent. 9. Statutes ? Implied repeal. An implied repeal of a statute results only from an enactment, the terms of necessary operation of which cannot be harmonized with terms and necessary effects of earlier act. 10. Intoxicating liquor ? Clarifying statute, effect of a general clarifying. Legislature, by amendment to State Liquor Control Act qualifying definition of liquor to exclude beer as defined in Montana Beer Act, did not intend to impliedly repeal provision in State Liquor Control Act prohibiting signboard or billboard advertising of beer on places other than breweries or premises where beer was stored. 11. Statutes ? Language construed in connection with use. The meaning of a given term employed in a statute must be measured and controlled by the connection in which it is employed, the evident purpose of the statute, and the subject to which it relates. 12. Intoxicating liquors ? Prohibiting Liquor and Beer billboard advertising ? Not unconstitutional. Provision in State Liquor Control Act prohibiting signboard or billboard advertising of beer on places other than breweries or premises where beer was stored is not unconstitutional as an unreasonable interference with a lawful private business.