# In Re Werner

> California Supreme Court · August 24, 1900 · 129 Cal. 567

URL: https://www.frixlaw.com/law-library/cases/3300701

## Case

- **Full name:** In Re H.C. Werner on Habeas Corpus.
- **Court:** California Supreme Court
- **Decided:** August 24, 1900
- **Citations:** 129 Cal. 567; 62 P. 97; 1900 Cal. LEXIS 1025
- **Precedential status:** Published
- **Opinion:** Concurrence by McFARLAND
- **Judges:** McFarland, Van Dyke
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3300701

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3300701. Public record. Not legal advice.