Ex parte Smith & Keating
Citations
- 38 Cal. 702
Syllabus
<p>Constitutional Law.—Legislative enactments, or municipal ordinances, “toprohibit noisy amusements and to prevent immorality,” are not repugnant to the Constitution of the United States, nor to the Constitution of the State.</p> <p>Idem—Laws intended to regulate the enjoyment of the natural rights of persons, do not impair, but foster and promote those rights, and to provide such laws is the essential,object and purpose.of Government.</p> <p>Constitutional Construction.—By the provision of the Constitution of the State, that “ every law of a general nature shall have a uniform operation,” is meant, that the Legislature shall not grant to any citizen or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.</p> <p>Legislative Duty and Power.—Wherever wrong is found, the Legislature is allowed and required to provide an adequate remedy, and they may confine the operation of the remedy to the locality where the wrong exists, and its application to the persons by whom the wrong or evil is wrought; and in'that, and every other instance, they are to look to the nature of the case and the adequacy of the remedy.</p>
Judges: Sanderson
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