The City And County of San Francisco Plaintiff And Appellant Vs the Spring Va
The City And County of San Francisco Plaintiff And Appellant Vs the Spring Va
Defendant And Respondent Spring Valley Water Company
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They cannot be tacked on to a franchise granted by a subsequent Act, unless it is done by legislative enactment, and such is not the case here. " Xo law shall be revised or amended by refer- ence to its title, but in such case the Act revised, or section amended, shall be re-enacted and pub- lished at length/' Const, of Cal. , Art. -4, See. 25. 19 The Act of 1859 was not an Act to amend a section of the Act of 1858, but it was an act to amend the whok Act of 1858 (Trans, f. 35. ) It was therefo...re the duty of the Legislature to re-en- act and publish at length all that it intended to keep in force of the Act of 1858. A Court will hardly assume that the Legislature neglected a constitutional duty, unless they find in its work some such incompleteness or imperfection as ren- ders the Act nugatory, or that from error in judg- ment or some other cause, the Legislature has passed an Act which in its terms or by necessary implication, violates the constitution. It will hardly be contended that the Act of 1859 is in- complete in itself, or that it is in any respect .
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