People ex rel. Hall v. Supervisors of San Francisco

Citations

• 20 Cal. 591
• 1862 Cal. LEXIS 78

Syllabus

<p>The constitutionality of the first section of the law of 1861 concerning intelligence offices in San Francisco cannot be tested in a proceeding by mandamus against the Board of Supervisors to compel an order by them for the issuance of a license to a person applying therefor under said act.</p> <p>If the discretion given by this section to withhold a license from any particular person who may' apply for one is an unconstitutional limitation upon the right of the citizen to follow a lawful avocation, it may render the section void, and leave it open for any person to pursue the business without a license; but it does not work an affirmative right to a license by any person, irrespective of the decision of the Board of Supervisors as to his qualifications.</p> <p>The Bevenue Law of 1861 does not apply to the County of San Francisco, so far as respects the subject of licensing intelligence offices, and the general repealing clauses of that law do not have the effect to repeal the Act of 1861 concerning intelligence offices in San Francisco.</p>