People ex rel. Attorney General v. Provines
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action brought by the Attorney General, in the name' of the People, against the defendant, the Police Judge of the City and County of San Francisco, for unlawfully intruding into the office of Police éommissioner of said city and county.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action brought by the Attorney General, in the name' of the People, against the defendant, the Police Judge of the City and County of San Francisco, for unlawfully intruding into the office of Police éommissioner of said city and county. The complaint recites the due election—at the general election in 1867—and qualification of defendant to the" said office of Police Judge, which is alleged to he a judicial office; that under an Act of the Legislature passed April 19th, 1856, which Act is…
1Opinion of the Court
By the Court, Sanderson, J.:
The principal points made by the appellant are two:
First—That by the amendments to the Sixth Article of the Constitution, adopted and ratified in 1862, the .Police Court and the office of Police Judge in the City and County of San Francisco, as they had before that time existed, were abolished; and hence, there having been no legislation since that time by which a Police Court has been expressly created,
*522the respondent is not vested de jure with the office of Police Judge, and cannot, therefore, act ex officio as Police Commissioner.
Second—That assuming the…
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