Stockton v. Common Council of Stockton

Citations

• 41 Cal. 147

Syllabus

<p>Statutory Construction—Policy or Law not to be Considered.—In the consideration of a statute, duly passed by the Legislature, the Supreme Court will not inquire into the motives of its authors, or entertain the question whether it be a wise or a foolish law.</p> <p>Power oe Judiciary to declare Statute Unconstitutional.—The power of the judiciary to declare a statute unconstitutional should never be exerted, except where the conflict between it and the Constitution is palpable, and incapable of reconciliation.</p> <p>Constitutional Power oe Taxation—Legislative Discretion.—The principle upon which taxation is to be imposed by the State Government is pointed out by the Constitution; but the extent to which it may be carried is left unlimited, except by legislative discretion.</p> <p>“Public Use” a matter oe Legislative Determination.—The “public use,” mentioned in the Constitution (Art. X, Sec. 8), upon which the power of eminent domain is to be exerted, is left in large measure to legislative determination; and the legislative resolve, by which a tax is imposed or private property taken, is such a legislative determination that the public use is to be promoted by the tax or the taking directed.</p> <p>Napa Valley Bailboad Co. v. Napa County, 30 Cal. 437, on the point that railroads concern the public interest as a matter of legal judgment, and that legislative action to that effect is not open to review by the judicial department, cited as controlling authority. ,</p> <p>“Public TJse” to Support Taxation por Bailboad Purposes.—The same kind of “public use” which will authorize the talcing of private property in aid of a particular railroad, in the exercise of the power of eminent domain, will support the laying of a tax in aid of the same road, under the taxing power.</p> <p>Bailroads may be op “Public Use,” though also por Private Propit.—The mere fact that a railroad is owned and operated by a private corporation, and for private profit, does not prevent it fro