The Pacific Reporter Volume 159

The Pacific Reporter Volume 159

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... 27 Pac. 1089, 14 L. R. A. 459, 25 Am. St. Rep. 230, never since questioned by this court, is that: "When the right to enact a law depends upon the existence of a fact the passage of the act implies, and the conclusive presumption is, that the Governor and the Legislature have performed their duty, and ascertained the existence of the fact before enacting or approving the law--a decision which the courts Lave no right to question or review." Smith v. Mathews, supra, was a case involving a change in mode of compensation of justices and constables from per diem to salary, which finally was decided on the point that the change was not Intended by the Legislature to affect Incumbents, a result that cannot be reached in the case at bar, in view of the express language showing the contrary. But in the later case of Crockett v. Mathews, 157 Cal. 153, 106 Pac. 575, involving a similar change in mode of compensation of justices and constables, where the intent to make it applicable to incum there was no prohibited Increase of compensation. It was said in the opinion: "Nor is it disputed, the act before us not disclosing whether or not the salary system of compensation substituted thereby for the fee system does produce an increase of compensation for justices and constables, that, if the act sufficiently shows the intent that the new system shall affect incumbents, the conclusive presumption is that the Governor and the Legislature have investigated, ascertained, and determined that the change does not result in an increase of compensation, a fact essential to a valid law affecting incumbents, and that the courts have no right to question or review the determination of the legislative branch of the state in that regard. This is the...
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Product details

  • Paperback | 1186 pages
  • 189 x 246 x 59mm | 2,068g
  • United States
  • English
  • black & white illustrations
  • 1236863437
  • 9781236863430