# People ex rel. Swift v. Bingham

> California Supreme Court · December 30, 1889 · 82 Cal. 238

URL: https://www.frixlaw.com/law-library/cases/5444352

## Case

- **Full name:** THE PEOPLE ex rel. CHARLES J. SWIFT v. HENRY BINGHAM
- **Court:** California Supreme Court
- **Decided:** December 30, 1889
- **Citations:** 82 Cal. 238; 22 P. 1039; 1889 Cal. LEXIS 840
- **Precedential status:** Published
- **Opinion:** Concurrence by Paterson
- **Judges:** Paterson, Sharpstein, Works
- **Cited by:** 9 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/5444352

## Opinion text

Paterson, J., concurring.
I concur. Each house of the legislature derives its power to “choose its own officers, and to judge of the qualifications, elections, and returns of its own members,” directly from the constitution. The fact that the words of the statute are identical with the words of the constitution is a matter of no importance. The power of the court to inquire on behalf *244 of the people into the right of any person to hold and exercise a public office is derived from the same source as that of the legislature to “choose its own officers,” etc., i. e., from the people themselves.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5444352. Public record. Not legal advice.