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Supreme Court — Part 5
Page 40
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Moreover, the courts have given unanimous recognition
to the rule that a void act carmmot repeal a valid existing statute
and that the previous law remains in full force and operation as
if the repeal had never been attempted, Frost v. Corporation Com
mission of Oklahoma et al, {1929} 278 U.S. 515, 526, 527; American
Wood Products Co. v. City of Minneapolis et al, (C.C.A. 8th 1929}
35 F. (24) 657, 659; People v. Schraeberg, (Ill. 1932) 179 N. E.
29, 830: North Bend Stage Line, Inc. v. Department of Public Works
et al, (Wash, 1952) 16 P. (2d) 206, 210; and sce ésmerican Digest,
"Statutes", Key Nuxbers 63 and 169,
It would seem, furthermore, that those cases would be in
point in which it has been held that provisions suspending the
operation of statutes of Limitation in favor of persons Leboring
under disabilitics refer only to parties whose disabilitics existed
at the time their clcim ceeriod and cannot be inveked by those whose
disebilitics subsoqucntly arose. DeArnaud v. United States (1894)
idl U. S. 483, 496; Gauserman v. Blunt (1893) 147 U. S. 647, 657;
Harris v. McGovern (1876) 99 U. S. 161, 167, and see American Digest,
"Limitation cf Actions", Key Number 76,
At leest tro courts have held explicitly that a statute of
limitations continues te min against a narty in spite of the existence
of an unconstituticual law which anparcntly takes away his right to
SuCe Bigeolet v, Rouers, (D.C. Ne. ¥. 1933) 5 Fe Sup. 346, 347; Narris
ve Gray, (1573} 49 Ga. 585,
In order that all Government attorncys intercsted in Ver
Risk Insurance law may be kept in close touch with new devclopments,
you are urgently requcsted to netify this office immediately upon the
filing of any exev suits in your district or territory.
Vory truly yours,
WILL G. BEARDSLEE
Director, Bureau of Wor Risk Litigation.
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