Tuolumne County v. Stanislaus County

Mr. Chief Justice Murray and Mr. Justice Terry concurred.

By an Act of the Legislature of 1854, the County of Stanislaus was created, and was carved wholly out of the territory of the County of Tuolumne. The latter county being at the time in debt, the Act provides that a just proportion of the debt should be assumed by the newly created county; for this purpose the County Court Judges of each county are authorized to appoint commissioners to ascertain and settle the amount of indebtedness the County of Stanislaus shall assume.

It is now insisted that the power given to the county judges to appoint the commissioners is invalid, and we' are referred to the case of Burgoyne v. The Supervisors, 5 Cal. R., where we held that none other than judicial functions, or duties of a judicial or quasi judicial character, could be imposed by the Legislature on County Courts or Judges.

A very learned treatise might, doubtless, be written, to show what is meant by judicial and quasi judicial duties and powers, but I conceive it unnecessary for the present case. It is very certain, that whenever the duty to be performed consists of the settlement and adjustment of rights between parties, it is…