They formulated a new test: where one statute confers a right, and the other takes away the right, even if the right may be waived or abandoned, there is an inconsistency, whereupon the State law would then be invalid to the extent of the inconsistency.
They established a fresh test: when one statute confers a right and another statute withdraws that same right, despite the possibility of waiving or abandoning the right, there is an inconsistency. As a result, the state law would be considered invalid to the extent of the inconsistency.