Wulzen v. Bd. of Supervisors of City & Cty of San Francisco

Citations

• 101 Cal. 15
• 35 P. 353
• 1894 Cal. LEXIS 980

Syllabus

<p>Certiorari—Opening and Extension of Street—Assessment—District Legislation.—The proceedings of the board of supervisors of the city and county of San Erancisco, under the statute of March 6, 1889 (Stats. 1889, p. 70), in passing a resolution of intention to open and extend Market street to the Pacific ocean, and in declaring the exterior boundaries of the district to be affected thereby, are legislative in character, and certiorari will not lie to review them.</p> <p>Id.—Legislative Functions Not Reviewable.—A writ of review or certiorari will not lie to review the action of an inferior tribunal or board in the exercise of purely legislative functions which are not judicial in their character.</p> <p>Id.—Notice of Public Work—Constitutional Law.—The notice of public work and its mode of service by posting and publication, required by the statute of March 6, 1889 (Stats. 1889, p. 70), are not violative of any inherent or constitutional right of the persons to be affected thereby, and amount to due process of law.</p> <p>Id.—“Due Process of Law” Defined—Settled Maxims of Law.—The term “ due process of law, ” in its broad sense, signifies such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe.</p> <p>Id.—Sufficiency of Notice—Assessment and Taxation.—In judging what is due process of law, the sufficiency of the notice must be determined in each case from the particular circumstances of the case in hand, respect being had to the cause and object of the taking. In matters of assessment and taxation the same character of notice is not required as in ordinary actions in a court of justice.</p> <p>Id.—Personal Service of Process.—In matters of taxation and assessment, the state is not bound to accord personal service of process upon the citizen.</p> <p>Id.—Eminent Domain—Legislative Question—Power of Court.—The determination as to whethe