People ex rel. Daniels v. Henshaw

Citations

• 76 Cal. 436
• 18 P. 413
• 1888 Cal. LEXIS 906

Syllabus

<p>Police Court of Oakland — Act of March 18, 1885—Repeal of Act of March 10, 1866. —The act of March 18, 1885, entitled “ An act to provide for police courts in cities having thirty thousand and under one hundred thousand inhabitants, and to provide for officers thereof, ” repealed the act of March 10, 1866, establishing a police court in the city of Oakland, and abolished the office of police judge of that city as created by the latter act.</p> <p>Id.—General Law—Uniform Operation. — The 'act of March 18, 1885, is not obnoxious to section 1 of article II of the constitution, providing that “ all laws of a general nature shall have a uniform operation.”</p> <p>Id.— Act Taking Effect at Different Times — Special Legislation. — The provision in the act of March 18, 1885, making it take effect in each city to which it applies at different times, that is to say, at the expiration of the term of the then incumbent in the office of police judge of such city, or whenever a vacancy occurs in such office, does not prevent the act from having a “uniform operation,” within the meaning of section 1 of article 11 of the constitution, requiring all acts of a general nature to have a uniform operation; nor does it have the effect to render the act local or special legislation.</p> <p>In.—Municipal Corporations may be Classified. — The legislature has power to classify municipal corporations according to population, and the courts will not interfere with the manner of its classification.</p> <p>Id__Law Applicable to Certain Classes of Municipalities. — A law which is applicable to one or more, but not to all, of the classes into which municipal corporations are divided, is not, for that reason, special legislation.</p> <p>Id.—Municipalities Organized Prior to Constitution.—The legislature has power to pass general laws affecting municipal corporations, without reference to whether such corporations were formed before or after the constitution of 1879.</p> <p>Id. — Sufficiency of T