Opinion

Stockton v. Common Council of Stockton

  • 41 Cal. 147
Court
California Supreme Court
Filed
Jul 1, 1871
Status
Published
Author
Temple
On the bench
Crockett, Sprague, Temple, Wallace
Cited by
35 cases

The opinion

Temple, J., concurring:

I concur in the order made in this case solely upon the-ground that I regard the question as settled by the previous decisions of this Court, as well as by the almost unbroken current of authorities in other States. I differ from much of the reasoning of my associates, and if the question were new, should be inclined to agree with the respondent upon the main question discussed. To -overturn the almost" unbroken line of decisions now, however, would not establish a rule of decision, but would make an exception merely, in the current of authorities. It would shake the confidence of every one in the stability of judicial decisions, and would add nothing to the force of the limitations upon legislative power. The people can readily circumscribe this power without doing violence to established precedents or destroying the confidence of the community in that branch of the Government which should be least influenced by popular pressure.

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.

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