People ex rel. Attorney General
California Supreme Court
By an act of the legislature passed at its first session, entitled “ an act for the better regulation of the mines, and the govern- “ ment of foreign miners,” foreigners were not permitted to mine in this state without obtaining a monthly license for that purpose, for which every foreigner was required to pay the sum of twenty dollars per month.
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By an act of the legislature passed at its first session, entitled “ an act for the better regulation of the mines, and the govern- “ ment of foreign miners,” foreigners were not permitted to mine in this state without obtaining a monthly license for that purpose, for which every foreigner was required to pay the sum of twenty dollars per month. In order to test the constitutionality of this act of the legislature, the attorney general presented a petition to this court, in which he set forth that L. A. Besan-gon had been appointed and commissioned “collector of licenses “to foreign miners”…
1Opinion of the Court
By the Court,
Hastings, Ch. J.
The counsel who appears for the attorney general in support of this petition, has, with much ability, urged upon the consideration of this court the two following points:—
1. The jurisdiction of this court to issue writs of quo war-ranto.
2. The merits of the present petition. The merits of the application ought not to be further inquired into, (if the court possess the jurisdiction,) than to ascertain whether there be reasonable ground for making the investigation proposed, inasmuch as such a question should remain open and undecided until all parties in interest…
2Cited by4 opinions
- Hicks v. MichaelCalifornia Supreme Court · 1860
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1896
- Eastman v. GurreyUtah Supreme Court · 1896
- Miliken v. HuberCalifornia Supreme Court · 1862