Spring Valley Water Works v. Bryant

Citations

• 52 Cal. 132

Syllabus

<p>•Oebtiobabi.—The writ of certiorari does not lie to review the action of the Board of Supervisors when their action is legislative in its character, and consists of the passage of an ordinance or resolution.</p> <p>Office of the Writ.—The office of certiorari as to governmental hoards exercising mixed authority, is to review only such proceedings as are judicial in their nature.</p> <p>Water Franchise to be Exercised under General Laws.—The power to charge tolls or rates for water is a franchise conferred on corporations formed under general laws for the formation of water companies, and can ho exercised hy a corporation only in the manner provided for in those laws. Statute Unconstitutional.—The “Act to establish water rates in the City and County of San Francisco ” (Statutes 1875-6, p. 82) is unconstitutional in so far as it attempts to pirovide a mode of fixing rates to he charged by corporations furnishing water to the inhabitants of San Francisco, differing from that provided for establishing rates to he allowed to other corporations formed under the General Laws.</p> <p>Acts of Legislative Body not Judicial.—The passage of a certain preamble and resolution hy the Board of Supervisors held not to he the exercise of the judicial function: it was an attempt to make law, not to render a judgment under the existing law.</p>