Hobart v. Supervisors of Butte County

Citations

• 17 Cal. 23

Syllabus

<p>Our system is not a pure Democracy, but a representative, Republican Government; one of whose departments—the Legislative—has the exclusive faculty of enacting laws. But the Legislative department, representing the mass of political powers, is no further controlled as to its powers, or the mode of their exercise, than by the restrictions of the Constitution. Such restrictions must be shown before the action of the Legislature, as to fact or mode, can be held invalid.</p> <p>The Legislature, having this general power ot enacting laws, may enact them in its own form, where not restrained, and give to them such effect, to be worked in such way and by such means as it chooses to prescribe. It may provide that a law shall go into effect at one time or another; absolutely or on condition; upon certain terms or in a certain event, or without regard to future events.</p> <p>The Legislature may make a local law depend for effect upon the will of all the voters of a locality, or a majority, or upon the assent of a few, as in the case of removals of capitols, court houses, etc., upon donations or other advantages being received.</p> <p>The Act of 1860, (statutes 1860, 90) authorizing Butte county to purchase and hold $200,000 of the first mortgage bonds of the California Northern Railroad Company, and to issue county bonds in payment of the same, as amended by the Act of 1860, (Statutes I860, 133) the fourth section of which authorizes the Supervisors to issue the bonds if,' at the election by the people, to whom the matter is submitted, the issuance of the bonds be authorized, is a law, and not a mere transfer to the people of the county of the power to pass laws. The fact that the issuance of the bonds depends upon the will of the people is a mere condition affixed by law; and as the Legislature, in the absence of Constitutional restrictions, have the right to exercise an unqualified power, they may add—as is done here by this condition—a qualification to the power,</p> <