Sherman v. Story
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County "of San Francisco. In 1862 the Legislature passed an Act compelling every male inhabitant of the State over twenty-one years of age to pay a military poll tax of two dollars.
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Appeal from the District Court, Fourth Judicial District, City and County "of San Francisco. In 1862 the Legislature passed an Act compelling every male inhabitant of the State over twenty-one years of age to pay a military poll tax of two dollars. In 1866 an Act was passed entitled “ An Act concerning the military of the State of California,” which in its last section repealed the Act of 1862. The defendant in 1866 was Tax Collector of the City and County of San Francisco, and demanded of the plaintiff his military poll tax, which the plaintiff refused to pay, and the defendant thereupon…
1Opinion of the Court
By the Court, Sawyer, J.:
The question in this case, is, whether “An Act concerning the military of the State of California,” approved April 2, . 1866, was ever legally passed by the two Houses so as to *255become a valid law. The Journals show that the bill originated in the Senate, and was entitled “ Substitute Senate Bill No. 56 j” that, having passed that body, it was transmitted to the Assembly, where it was referred to the Committee on Military Affairs ; that said committee reported it back to the Assembly, with amendments, and recommended its passage, as thus amended; that the amendments…
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