McCabe v. Carpenter

Citations

• 102 Cal. 469
• 36 P. 836
• 1894 Cal. LEXIS 670

Syllabus

<p>Constitutional Law—Taxation of School District— Power of Legislature—Discretion of Local Authority.—Under section 12 of article XI of the constitution the legislature cannot impose a tax upon the property or inhabitants of a school district, nor can it prescribe a procedure through which such tax would inevitably be levied, without leaving any discretion in regard to it to the local authorities.</p> <p>Id.—High School Act Unconstitutional—Delegation of Legislative Power to County Superintendent.—The act to provide for the establishment of high schools in the state of California, approved March 12, 1891, is unconstitutional, in that it authorizes the county superintendent of schools to furnish to the board of supervisors an estimate for the tax, and makes it the duty of the board to proceed to fix a rate which will realize the amount of his estimate, thus leaving the amount of the tax wholly to the discretion of an executive officer, and leaving no discretion in the board, and thereby delegating legislative power to the county superintendent.</p> <p>Id.—Power to Levy Tax Legislative—Ministerial Act.—The power to levy a tax is purely legislative, and the high-school act vests no legislative power in the board, but commands them to do a purely ministerial-act in a mode prescribed, without reference to their judgment or discretion.</p>