Desmond v. Dunn

Citations

• 55 Cal. 242

Syllabus

<p>Municipal Cobpobations — Constitutional Law — Construction of the Constitution.—Under § 6, art. xi, of the Constitution, cities and counties previously incorporated are subject to or controlled by general laws enacted under the Constitution for the organizations of such governments, hut the charters of such cities and towns remain in force in each case, until a majority of the electors of the corporation determine to become organized under general laws, or to frame a charter for their own government.</p> <p>Id.— Id.—Id. —Consolidated City and County Governments — San Francisco—The McClure Charter.—By § 7 of the same article the provisions, of the Constitution applicable to cities apply also to consolidated city and county governments,” and, therefore, the act known as the McClure Charter, even if constitutional, does not apply to the corporation known as the City and County of San Francisco, until a majority of the electors of the corporation, voting at a general election, shall so determine.</p> <p>Id.—Id.—Id.—Id.—Id.—Id.—The provision of § 7 of the same article: that “In consolidated city and county governments of more than one hundred thousand inhabitants there shall be two Boards of Supervisors, or Houses of Legislation,” has reference to general laws or charters for the government of such corporations passed subsequently to the adoption of the Constitution; and, therefore, the act of incorporation of the City and County of San Francisco, known as the Consolidation Act, is not in conflict with the provisions of the Constitution, and remains in force by virtue of the first clause of § 1 of the schedule to the Constitution.</p> <p>Id.—Id.—Id.—Id.—Id.—Id.—General Laws — Definition.—Sections 6 and 7 of art. xi of the Constitution evidently contemplated the enactment o’f general laws providing for all corporations for municipal purposes, and not for some only; and such laws must be as general as the subject to which they relate. The McClure Charter is, therefore,