Hale

Hale v. McGettigan

Good Law
114 Cal. 112·1896 Cal. LEXIS 865·45 P. 1049
Supreme Court of CaliforniaAugust 25, 1896Sac. No. 220California3,434 words

Opinion

Lead Opinion

Harrison, J.

This action was brought for the purpose of determining the validity of the County Govern *114 ment Act, approved March 24, 1893 (Stats. 1893, p. 346), and to obtain a judgment that the county and township officers elected under that act hold their respective offices for the term of four years. A general demurrer to the complaint was overruled, and, the defendants declining to answer, judgment was rendered in favor of the plaintiff, from which the defendants have appealed.

1. It is contended, on the part of the appellants, that 'the act in question never became a law, for the reason that it appears from the legislative journals that the bill therefor was introduced in the legislature after the expiration of fifty days from the commencement of the session, in contravention of the provisions of section 2, article IV, of the constitution. The respondent contends, on the other hand, that the enrolled bill deposited with the secretary of state is conclusive of the validity of the act, and that it is not competent for the court to ;go behind this enrolled bill for the purpose of determining whether the legislature complied with this requirement of the constitution; and in support…

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