Skip to main content

Search the Special Collections and Archives Portal

upr000097 82

Image

File
Download upr000097-082.tif (image/tiff; 27.28 MB)

Information

Digital ID

upr000097-082
    Details

    Rights

    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

    Digital Provenance

    Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

    Publisher

    University of Nevada, Las Vegas. Libraries

    #5 - T h e H o n o r a b le B o a r d of D i r e c t o r s o f L a s V e g a s V a l l e y W a t e r D i s t r i c t - 9-9-53 subject-matter of earlier legislation, is com­plete in itself, and is evidently Intended to supersede the prior legislation on the subject, a later act does not by implication repeal an earlier act unless there is such a clear, mani­fest, controlling, necessary, positive, unavoid­able, and irreconcilable inconsistency and repug­nancy, that the two acts cannot, by a fair and reasonable construction, be reconciled, made to stand together, and be given effect or enforced concurrently." A comparison of the provisions of subparagraph 7 against those of Section 20 shows no “irreconcilable in­consistency or repugnance". Subparagraph 7 by the use of broad and general language applies to any property neces­sary for District purposes (which includes but is not limited to "water systems") and to any district or other public corporation or agency or otherwise (which includes but is not limited to an "incorporated city"). On the other hand Section 20 is narrowly limited to a water system or franchise" and to an "incorporated city". Sec­tion 20 by terms of limitation merely creates an implied exception to the broad powers conferred by subparagraph 7. The respective provisions of subparagraph 7 and Section 20 are therefore easily harmonized. The mere fact that in form the 1951 amendment stated that "Section 1 ... is amended to read as fol­lows:" rather than stating that "Section 1 is amended by the addition of subparagraph 15, to read as follows:” is of no significance. The Nevada Constitution (Art. IV, Section 17) requires "the act as revised, or section as amended, shall be re-enacted and published at length." Accordingly the 1951 amendment would have been ?unconstitu­tional had only the new subparagraph 15 been enacted. The mere fact that 14 existing subparagraphs of Section 1 were re-enacted pursuant to constitutional mandate, did not make them "new law" but they were mere continuations of the existing law. The rule is aptly stated in In re Walters1 Estate, 104 Pac. (2d) 968, 971 (Nev., 19^0): "'Where an amendment leaves certain portions of the original act unchanged, sueh portions are continued in force, with the same meaning and ef­fect they had before the amendment. So where an