Denman v. Broderick

Citations

• 111 Cal. 96
• 43 P. 516
• 1896 Cal. LEXIS 550

Syllabus

<p>Constitutional Law—Local and Special Leqislation—Municipal Corporations—Improper Classification—Election Commissioners. — The act of March 28, 1895, adding a new article to the Political Code, to be designated as article IV of chapter I of title II of part III of that code, in so far as it provides in section 1075 for boards of election commissioners in cities and cities and counties having one hundred and fifty thousand or more inhabitants, is an improper attempt by the act itself to create a class of municipal corporations for a special purpose, without reference to the existing classification by general law, and is local and special legislation, in conflict with section 25 of article IV of the constitution.</p> <p>Id.—Cities—Consolidated Cities and Counties—Municipal Corporations.—Cities and consolidated cities and counties are both municipal corporations within the meaning of the constitution.</p> <p>Id.—Salary op Election Commissioners of San Francisco—Mandamus to Auditor.—The act under which the election commissioners of San Francisco were appointed, as provided for in section 1075 of the Political Code, being unconstitutional and void, the auditor of the city and county of San Francisco was not authorized to draw a warrant for the salary of such election commissioners, and mandamus will not lie to compel him to draw such warrant.</p>