Truckee & Tahoe Turnpike Road Co. v. Campbell

Citations

• 44 Cal. 89
• 1872 Cal. LEXIS 157

Syllabus

<p>Franchise.—The right to collect tolls on bridges, roads, etc., is a franchise.</p> <p>Idem.—Such a franchise is a certain privilege of a public nature, conferred by grant from the Government, and vested in individuals. It is a sovereign prerogative, and vests in an individual only by virtue of a legislative grant.</p> <p>Idem.—Whether granted directly by the Legislature, or by a subordinate body, to whom the power of granting it is delegated by legislative Act, the franchise is still a grant emanating from the sovereign authority of the State.</p> <p>Grant of Franchise by Board of Supervisors.—A grant of a turnpike franchise by a Board of Supervisors, made under authority granted by the Legislature, has the same standing in respect to its validity, the presumptions in its favor, and the mode in which it may be attacked, as a grant of any other right, privilege, or thing, made by any department of the Government under the authority of law.</p> <p>Franchise not to be Attacked by Private Person.—A grant of a turnpike franchise is not liable to be attacked by a private person, or in a collateral proceeding, for mere error in the exercise of the authority to make the grant.</p>