Fraser v. Alexander

Citations

• 75 Cal. 147
• 16 P. 757
• 1888 Cal. LEXIS 494

Syllabus

<p>Public Officers — Removal of—Act of March 30, 1874—Repealed by Constitution.—The act of March 30, 1874, providing for the removal and punishment of the members of certain public boards for malfeasance in office by a prosecution in the district court, being inconsistent with the provisions of the constitution of 1879 establishing other courts, and not having been altered to conform to the constitution before the 1st of July, 1880, ceased to exist as a law upon that date, under section 1 of article 22 of the constitution.</p> <p>Id.—County Government Act — Removal of Supervisor.—The act of March 30, 1874, in so far as it provides for the removal and punishment of amember of a board of supervisors for malfeasance in office, is inconsistent with section 55 of the county government act of March 14, 1883, which provides a different mode of punishment with different penalties for the same unlawful acts, and was therefore repealed by the latter act.</p> <p>Id.—Subsequent Act Covering Same Offense.—As a general rule, acts of the legislature prohibiting the same offenses and injuries as former acts, but imposing different penalties or giving different remedies, repeal so far such former acts.</p>