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sistent with a general law, whether the city was organized before or after the constitution of 1879. People v. Henshaw, 76 Cal. 436. Approved in Ex parte Halstead, 89 Cal. 472.
The act of March 14, 1891, (Stats. p. 106) re-adjusting and reducing the salaries of officers in counties of thirty-fifth class, being applicable alike to all counties of a class authorized to be created by the constitution is a general law; (distinguishing Miller v. Kister, 68 Cal. 142, and citing People v. Henshaw, 76 Id. 444; Longan v. Solano County, 65 Id. 125; Thomason v. Ash worth, 73 Id. 73). Cody v. Murphy, 89 Cal. 522.
A law to be general in its scope need not include all classes of individuals in the scale. It answers the requirements of the constitution if it relates to and operates uniformly upon the whole of any single class. Abeel v. Clark, 84 Cal. 227.
The amendment of 1889, (Stats. p. 232) to the county government act, requiring license taxes collected in any incorporated city or town, under ordinances of the county supervisors or under Political Code, part 3, title 7, chapter 15, is not a general law being applicable to a single class of counties. (Art. IV, Sec. 25, Subs. 9, 33.) County of San Luis Obispo 2. Graves, 84 Cal. 71.
It is left to the legislature by Sec. 13, Art. XIII to provide for carrying into effect the constitutional system of taxation. But this power is controlied by other provisions inhibiting special and discriminating legislation. The scheme provided in sections 3665 to 3670 Political Code for assessment of railroad property and form of complaint in actions for collection thereof is obnoxious to all these provisions. People v. C. P. R. R., 83 Cal. 393.
The act of March 25, 1885, (Stats. p. 213) is not special legislation; it has a uniform operation within the class of cities to which it is applicable, and is a general law in the sense that the police courts established therely supersede the police courts theretofora existing in the cities therein specified. People v. Henshaw, 76 Cal. 436.
The act of March 15, 1883, (Sec. 1388, Penal Code) providing that the court may, suspend judgment against a minor convicted of a criminal offense and commit such minor to some non-sectarian charitable institution is a general law having a uniform operation. Boys and Girls' Aid Society v. Reis, 71 Cal. 627.
The act of March 14, 1883, (Stats. p. 299) establishing a uniform system of county and township government was declared to be a general law and constitutional in Longan v. Solano County, 65 Cal. 122. The act of March 18, 1885, (Stats. pp. 166-195) amending the former act, without re-classifying counties of the thirty-fifth class, and purporting to affect only three of the forty-eighit classes into which the counties of the state have been classified (reducing salaries in said three classes), is exceptional, eccentric, and causative of discrimination between officers upon whom it operates, and is unconstitutional. (Citing Omnibus R. R. Co. v. Baldwin, 57 Cal. 165; French 1. Teschemaker, 24 Cal. 514; Christy v. Board of Supervisors, 39 Cal. 3). Miller v. Kister, 68 Cal. 142.
An ordinance of the supervisors of the city and county of San Francisco requiring persons conducting laundries or wash houses within certain limits to procure a certificate from the health officer showing that proper drainage was provided, and a certificate from the fire wardens that the heating appliances were in a safe condition, and prohibiting washing or ironing from ten o'clock, P. M. to six o'clock, a. M. and on Sunday. Held constitutional. Ex parte Moynier, 65 Cal. 33. And as to Modesta Laundry ordinance, In re Hang Kie, 69 Id. 149.
The Sunday Law contained in section 300 of Penal Code as adopted in 1872, was a general law, and uniform in its operation, and was not repealed by this constitution. Ex parie Burke, 59 Cal. 6. As to what is a general law, affirmed in Ex parte Koser, 60 Id. 178.
The act of March 29, 1870, (Statutes p. 481) limiting the distance which one street railway might use the tracks of another in any one street to five blocks (C. C. section 499) was a general law, and an ordinance of San Francisco granting such privilege for more than five blocks was void. Omnibus R. R. Co. v. Baldwin, 57 Cal. 160.
The McClure Charter for San Francisco (Statutes 1880, p. 414) was not a general law. It could have no effect anywhere except in San Francisco, by its terms, and as it was not adopted as a special charter by vote of the people of San Francisco, it never became operative anywhere. Desmond v. Dunn, 55 Cal. 242.
SECTION 12. The military shall be subordinate to the civii power. No standing army shall be kept up by this state in time of peace, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.
Const. 1849, Art. I, Secs. 12, 13.
SECTION 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jen pardy for the same offense, nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property without due process of law. The legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial.
Const, 1849, Art. I, Sec. 8.
Section 626, Penal Code, prohibiting the having or vending of certain game in this state during certain periods, is sufficient to prohibit such acts, even though the game be lawfully killed in another state and brought into this state. Such law is not in violation of the constitution declaring that no person shall be deprived of life, liberty or property without due process of law, it appearing that the property in the
game was acquired after the passage of the act. Ex parte Maier. Opinion filed Aug. 1, 1894.
An insolvent debtor having been charged by the assignee with having concealed, etc., his property, was cited to appear for examination in court, and being sworn he declined to answer upon the ground that his answers might be made the ground of a criminal charge against him. (Sec. 154, Penal Code; Const. Art. 1, Sec. 13.) To bring a person within the immunity of the constitutional provision, it is not necessary that the examination should be attempted in a criminal prosecution against the witness, or that such prosecution should have been already commenced. It is sufficient if there is a law creating the offense under which the witness may be prosecuted. Ex parte Clark, Opinion filed June 30, 1894. See Ex parte Gould, 99 Cal. 360, infra.
The trial of a criminal case (assault to commit rape) should be public in the common sense acceptation of the term. The doors of the court room expected to be kept open, the public are entitled to be admitted, and the trial is to be public in all respects, with due regard to the size of the court room, the conveniences of the court, the right to exclude objectionable characters and youth of tender years, and to do other things which may facilitate the proper conduct of the trial. An order excluding all persons but the officers of the court and defendant has no justification in the law of modern times. People v. Hartman. Opinion filed June 26, 1894. Contra. The word "public" is used only in contradistinction to "secret.” People v. Swafford, 65 Cal. 223, infra.
A person was charged by information filed in Tulare county. Subsequently that county was divided and Kings county created from part of its territory. The particular locality where the crime was alleged to have been committed was within the new county. The information in Tulare county was dismissed and a new information filed in Kings county. Held, although the case might properly have been tried in Tulare, yet there was no error in the proceedings had, and defendant had not been in jeopardy by
reason of the first information. The People v. Stokes. Opinion filed June 23, 1894.
An article published in a newspaper and read by the members of the jury which intimates that the jury will be hung by two of its members, and that such members are known, and that bribery exists to effect such result, is calculated to defeat a fair and impartial trial, and a judgment of conviction will be set aside and new trial granted. People v. Stokes. Opinion filed June 23, 1894.
Proceedings for contempt are criminal in character, and party accused may be proceeded against by information or indictment in some cases, as well as by summary action by the court. Person proceeded against summarily cannot be compelled to be a witness. (Sec. 1323 Penal Code; 1209-1222 0. C. P.) Ex parte Gould, 99 Cal. 360.
A City ordinance may impose additional penalties from statute law, or embrace additional subject. So long as the offense is different, a person may be proceeded against under either or both. Ex parte Hong Shen, 98 Cal. 681.
Deposition of witness taken at former trial not within this provision and not admissible. (Sec. 686 Penal Code.) People v. Gordon, 99 Cal. 227.
Section 8, county government act, provides that whenever any board of supervisors shall without authority of law order any money paid as salary or fees, and such money shall have been actually paid, it shall be the duty of the district attorney to bring suit in name of county against person to whom the money was paid, to recover the same, with twenty per cent. damages for the use thereof. Held, the provision for recovery of damages is not unconstitutional, as taking property without due process of law. Orange Co. v. Harris, 97 Cal. 600.
Section 720, C.C.P., authorizing judgment creditor to institute supplemental proceedings against debtor of the judgment debtor is not unconstitutional, as a taking of property without due process of law. High v. Bank of Commerce, 95 Cal. 386.
Convicted felons are (C. O. P., Secs. 1878-1881)