Ex parte Wall

Citations

• 48 Cal. 279
• 1874 Cal. LEXIS 145

Syllabus

<p>PoWeb to Make Laws.—The power to make laws, conferred hy the Constitution on the Legislature, cannot be delegated by the Legislature to the people of the State, or to any portion of the people.</p> <p>Statute to take Effect upon the Happening of a Eutube Event.—Although a statute may be conditional so that its taking effect may depend upon a subsequent event which maybe named in it, yet this event must be one which shall produce such a change of circumstances that the law makers, in their own judgment, can declare it wise and expedient that the law shall take effect when the event shall occur..</p> <p>Legislature must Pass on Expediency of a Statute.—When the Legislature passes a law, it must pass entirely upon the question of its expediency; and it cannot say that a law shall be deemed expedient, provided that the people afterwards, by a popular vote, declare it to be expedient.</p> <p>Idem.—A statute to take effect upon a subsequent event, must, when it comes from the hands of the Legislature, be a law in presentí to take effect in futuro. Ojr the question of the expediency of the law, the Legislature must exercise its own judgment, defihitely and finally.</p> <p>Legislature cannot Refer a Law to the People.—The Legislature has . no power to refer a statute to the people, to decide by a popular vote whether it shall go into effect.</p> <p>Idem.—If a law is in existence making it a misdemeanor to retail liquors without a license, the Legislature must determine by a statute whether licenses shall be granted, and cannot refer the question of granting or refusing licenses to a popular vote.</p> <p>Town Governments.—The Legislature of this State has not established a system of town governments, as required to do by section four, Art. XI, of the Constitution.</p> <p>Idem.—The Constitution is not self-executing. Town governments must be created by statute.</p> <p>Idem.—The words “ system of town governments ” used in the Constitution, were used with reference to town