Opinion

In Re Werner

  • 129 Cal. 567
  • 62 P. 97
  • 1900 Cal. LEXIS 1025
Court
California Supreme Court
Filed
Aug 24, 1900
Status
Published
Author
McFARLAND
On the bench
McFarland, Van Dyke
Cited by
24 cases

observing that “[a]ll municipal corporations are public corporations” and that “public corporation” and “municipal corporation,” while technically distinct, are often considered 52 KOHN V. STATE BAR OF CALIFORNIA “synonymous”

How later courts described this case

  • observing that “[a]ll municipal corporations are public corporations” and that “public corporation” and “municipal corporation,” while technically distinct, are often considered 52 KOHN V. STATE BAR OF CALIFORNIA “synonymous”

Written by the judges who cited it.

The opinion

McFARLAND, J. concurring.

I concur in the judgment and in the foregoing opinion of Mr. Justice Van Dyke. I desire, however, to say explicitly that, in my opinion, the legislature cannot, under any circumstances, delegate to such a thing as a sanitary, district the power of enacting penal legislation. That power must be confined to the municipalities mentioned in the constitution which are given police powers, etc. The constitution does not contemplate that the state should be overrun and overloaded with innumerable legislative bodies, each having power to make laws under which citizens may be sent to jail.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.