Marsh v. Hanly

Citations

• 111 Cal. 368
• 43 P. 975
• 1896 Cal. LEXIS 590

Syllabus

<p>Constitutional Law—Local and Special Legislation—Improper Classification of Counties —Primary Election Law.—The primary election act of March 27, 1895, being expressly confined in its operation and effect to counties of the first and second class, and not being a • regulation of the compensation of county officers, for which purpose only the constitution provides for the classification of counties, is local, special, and unconstitutional. Such act is upon a subject matter to which a general law, having a uniform operation throughout the state, can be made applicable.</p> <p>Id.—Vitiation of Entire Act—Intention of Legislature.—The court cannot, by striking out the section expressly limiting the operation of the law to two counties of the state, make it applicable throughout the state, as to do so would be equivalent to legislation by imposing upon the whole state a law which it is clear that the legislature intended to apply only in two counties, and which would not otherwise have passed.</p> <p>Id.—Unoonstitotional Legislation—Beneficent Character not Considered.—In determining the constitutionality of a statute, its beneficent character cannot he considered.</p>