Harpending v. Haight

Citations

• 39 Cal. 189

Syllabus

<p>Motives of the Legislature not a Proper Subject of Inquiry.—The motives of a member of the Legislature in moving, or of the body of which he is a member, in passing a legislative Act, is not a proper subject of judicial mquiry_</p> <p>Constxtutional Construction. —Veto Power. —Adjoubnment. —An adjournment of either house of the Legislature from day to day, is not such an adjournment as would prevent the Governor from returning a bill with his objections, within the ten days prescribed by the Constitution.</p> <p>Idem. —When a bill is returned with his objections, by the Governor, to the House in which it originated after it has adjourned for the day on the last of the ten days within which he can make the return, and because of failure to find the house in session, is re-delivered to and retained by the Governor, it does not constitute a return within the meaning of Section 17, Article IV of the Constitution.</p> <p>Idem.—The bill should he placed beyond the Executive control, by delivery to the President, Secretary, or other proper officer of the house.</p> <p>Mandamus to Governor. — Courts having jurisdiction of the writ of mandamus, may issue tho same to compel the Governor to perform a ministerial act required by law and not included within tho powers confided to his discretion by the Constitution.</p> <p>Per Temple, J., dissenting:</p> <p>Mandamus.—The writ of mandamus should not issue when there is another sufficient and adequate remedy.</p> <p>Idem.—Petitioner’s Interest.—Where the petitioner has no vested or specific interest in the proceedings, he is not entitled to the relief afforded by a writ of mandamus.</p> <p>Idem. — Stipulation. —Inquiry into Facts. — A stipulation that the petitioner has such an interest in the proceedings as to make Mm a proper party thereto, does not preclude inquiry into the facts going to show the existence of such interest.</p> <p>Mandamus.—Jurisdiction of Courts.—Courts have not jurisdiction to issue writs of mandamus to th