Douglass v. Mayor of Placerville

Baldwin, J. delivered the opinion of the Court Field, C. J. and Cope, J. concurring.

The main question in this case is of local interest, and the principle of general importance. The errors assigned involve the question of the right of the authorities of the city of Placerville to levy and collect a tax for making a survey of a railway route from that city to Folsom. The argument on both sides has been thorough and able.

Two points are made: 1. That the proper construction of the charter of Placerville does not give this power. 2. If it did, that the act is unconstitutional.

1. As to the charter. The rules of construction of charters have been often given in this Court and others. They are special grants of power from the sovereign authority, and they are to be strictly construed. Whatever is not given expressly, or as a necessary means to the execution of expressly given powers, is withheld. (See City of Oakland v. Carpentier, 13 Cal. 550.)

The act of incorporation of the city of Placerville was passed March 7th, 1859. (See Statutes of that year, p. 77.) By section twenty-three the powers of the Common Council are defined. * [2]. To levy taxes on all property within the city, both real and personal, not to exceed two per cent., etc. 3. To lay out, extend and alter the streets and alleys; provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; and to provide for the construction, repair and preservation [648]of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks. * * * Sec. 20. To make all-necessary contracts and agreements for the benefit of the city, to contract debts on the faith and credit of the city, etc. * * Sec. 24. Whenever, in the opinion of two-thirds of the members of the Common Council elect, it shall be expedient for the interests of the city to collect by tax, for any purpose whatever, a larger sum of money than is hereinbefore authorized .to be levied and collected, they shall, by resolution, inform the Mayor of the amount of money proposed to be collected, the rate per cent, necessary to be levied, etc. The remainder of the section prescribes the course of proceeding, provides for an election, etc.