People v. Parks
California Supreme Court
Appeal from a judgment for the defendants in the Superior Court, Sacramento County, Denson, J. The action was brought to oust the defendants from the office of member of the board of directors of drainage district number one; to enjoin them letting any contracts as such board, and from levying any tax within said district; and to obtain a decree determining that said district was not legally formed, and was not a drainage district.
1Opinion of the Court
McKee, J.:
The question presented for consideration in this case involves the constitutionality of an act of the Legislature entitled, “An Act to Promote Drainage,” passed April 23d, 1880. It is contended that the act is unconstitutional and void, and is no law, because it contravenes section 24 of article iv, of the Constitution, which requires that every act shall embrace but one subject, which shall be expressed in its title.
In the consideration of such a question, it is a cardinal rule that nothing but a clear violation of the Constitution will justify a Court in overruling the legislative…
2Cases cited7 opinions
- City of St. Louis v. TiefelSupreme Court of Missouri · 1868
- Bourland v. HildrethCalifornia Supreme Court · 1864
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
- Houghton v. AustinCalifornia Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
- Keenan v. PriceIdaho Supreme Court · 1948
- Ray v. ParkerCalifornia Supreme Court · 1940
- Harbor v. DeukmejianCalifornia Supreme Court · 1987
44 more not listed; retrieve them via the Exa API.