Denninger v. Recorder's Court of Pomona

Citations

• 79 P. 364
• 145 Cal. 638
• 1904 Cal. LEXIS 645

Syllabus

<p>Municipal Corporation—Power to Regulate Gas-Rate—Validity of Ordinance—Constitutional Law.—A municipal ordinance in a county of the fifth class fixing a maximum rate for gas, and providing a punishment for violation of the same, is valid under section 19 of article XI of the constitution, construed in connection with the Municipal Corporation Act.</p> <p>Id.—Certiorari-—Gas for Cooking, Heating, and Illuminating Purposes—Conviction—Jurisdiction of Recorder’s Court.—A writ of certiorari will not lie to review and annul a conviction under such ordinance under a complaint charging the defendant with collecting and receiving a greater rate than the maximum rate-allowed by the ordinance for gas furnished in the pipes laid in the streets for cooking, heating, and illuminating purposes. It is sufficient that the complaint charged a public offense, for collecting and receiving an excessive rate for illuminating purposes, within the jurisdiction of the recorder’s court.</p> <p>Id.—Eight of City Unaffected by Use.—The right of the city to fix the rate for gas is unaffected by the use which is made of it. It covers all gas furnished through pipes laid in the street. [Per Beatty, C. J., and Van Dyke, J.; the majority of the court expressing no opinion.]</p> <p>Id.—Construction of Constitution.—Section 19 of article XI of the constitution does not specifically include gas for heating or cooking; but under section 11 of article XI of the constitution the city has the proper public authority to make the regulations here in question. [Per Shaw, J.]</p>