Kumler

Kumler v. Board of Supervisors

Good Law
103 Cal. 393·1894 Cal. LEXIS 786·37 P. 383
Supreme Court of CaliforniaJuly 21, 1894No. 19463California872 words

Opinion

lead Opinion

The appellant made application to the court below for a writ of certiorari, to annul an order of the board of supervisors of San Bernardino county, reclassifying that county, and reading as follows :

The order was made on January 12, 1894, and it is alleged, upon information and belief, that the population of the territory then within the boundaries of the said county was in the year 1890, according to the federal census of that year, not greater than nineteen thousand; that the board in making the order disregarded and ignored the federal census and the population shown thereby, and attempted to classify the county on the basis of the population it- contained when the order was made; and that in doing so the board exceeded its jurisdiction and acted without any authority of law.

A demurrer to the petition was interposed and sustained, and the petitioner declining to amend, judgment was entered dismissing the proceeding, from which he appeals.

The constitution, article XI, section 5, provides: “The legislature by general and uniform laws .... shall regulate the compensation of all such officers in proportion to their duties, and for this purpose may classify the counties by…

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