Town of San Mateo City v. State Ex Rel. Landis

(concurring).-—I concur in the judgment of the Court and also in the opinion prepared by Mr. Justice Whitfield. And in view of the nature of the point involved I feel it altogether appropriate to state the reasons upon which the conclusion reached may be justifiedly supported as against the charge that the Legislature has unlawfully delegated its powers to a local referendum plebiscite.

The Legislature has undoubted power under Section 8 of Article VIII of the State Constitution to abolish the municipality of San Mateo City without a referendum. This power is conceded by the plaintiffs in…