Thompson v. Board of Supervisors

Citations

• 111 Cal. 553
• 44 P. 230
• 1896 Cal. LEXIS 622

Syllabus

<p>Act Regulating Sale of Franchises—Counties—Constitutional Law —Sufficiency of Title.—The act of March 23, 1893, “providing for the sale of railroad franchises in municipalities, and relative to granting of franchises,” and requiring franchises to he “awarded to the highest bidder, ” sufficiently embraces in the latter clause of the title the subject matter of the issuance and salé of franchises by counties through their hoards of supervisors, though such counties are not properly within the designation of municipalities.</p> <p>Id.—Act not Repealed by County Government Act.—The act of March 23, 1893, providing for the sale of franchises to the highest bidder, was not repealed by subdivision 40 of section 25 of the County Government Act, which went into effect the following day, giving to boards of supervisors the general power to fix the terms, conditions, and restrictions upon which franchises will be granted, since full force and effect may be given to both statutes.</p> <p>Id.—Repeal by Implication not Favored.—The law looks with disfavor upon repeals by implication, and will not sustain such repeal where there is no such inconsistency as tó call for a determination that the earlier provision was repealed by the later.</p> <p>Id. — Construction of Statute — Sale to Highest Bidder —Cash Payment — Agreement for Percentage not a Legal Bid.—The act of March 23, 1893, providing for a sale of franchises to the highest bidder, without stating other terms and conditions of sale, means, by implication, that the franchise must he sold for cash, nor does the law permit a bid in any other kind of property than money; and an agreement to pay a percentage of the gross receipts of the road, when in operation, cannot he received as a legal hid or tender under the act.</p> <p>Id.—Franchise for Electric Railroad—Mandamus—Showing as to Highest Bidder.—In order to entitle a bidder for a franchise for an electric railroad under the act of March 23, 1893, to maintain a petition for