People v. Whipple, No. 2
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. The action was brought to recover a delinquent tax, levied ior State and county purposes for the fiscal year 1870. The assessment was made by James La Bue, who in 18G7 was elected Township Assessor of Brooklyn Township—one of the six Supervisor Townships into which the county was divided at the time of his election. The plaintiff had judgment and the defendant appealed.
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Appeal from the District Court of the Third Judicial District, Alameda County. The action was brought to recover a delinquent tax, levied ior State and county purposes for the fiscal year 1870. The assessment was made by James La Bue, who in 18G7 was elected Township Assessor of Brooklyn Township—one of the six Supervisor Townships into which the county was divided at the time of his election. The plaintiff had judgment and the defendant appealed. In March, 1864 the Legislature passed an Act "to provide for the election of Township Assessors in the county of Alameda,” in which it was enacted…
1Opinion of the Court
By the Court:
1. It is competent for the Legislature, in creating an *594office, to define the duties of the incumbent, by making reference to another and existing statute, and to provide that those duties shall be the same as required by the Act so referred to. The twenty-fifth section of the third article of the Constitution does not prohibit that mode of legislation.
2. Nor does the subsequent repeal of the Act so referred to, operate to defeat or curtail the scope of the Act" in which such reference is contained, for the legal effect of such reference, in the first instance, is the same as…
2Cited by14 opinions
- Palermo v. Stockton Theatres, Inc.California Supreme Court · 1948
- Ex Parte LemonCalifornia Supreme Court · 1904
- Vallejo & Northern Railroad v. Reed Orchard Co.California Supreme Court · 1918
- In Re BurkeCalifornia Supreme Court · 1923
- Ventura County v. ClayCalifornia Supreme Court · 1896
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