The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-10

thereby IS power to create an additional
o11ce Of Justice of the peace in any pre-
cinct which is to be filed in the usual
manner by an election.
Third-That the language of the resolu-
ton (concedlng the authority of the court
to create the ofiicel. is not SUFFICIENT for
that purpose. but is q direct attempt TO
appoint the defendant to an office which
had never been created.
What the Legislature Intended.
First-In considering the first PROPOSE
ton the question arises whether the act
Of the legislature in question was in
tended to authorize the county court TO
appoint additional justices OF the peace
additional offices which the people were
required to fill by election. in the same
manner as other justices are elected In
view of the fact that the section in ques
ton created one such once for every pre-
cinct made the same elective, the Iegis-
lature must, think, have intended that
all others which should be created there
under should also be elective, and this
is especially true IN view of the fact
that any other construction would rem
Revised Statutes United States, which
provides that justices of the peace in the
several territories, shall be elected by the
people in such manner as the respective
Legislatures may provide by law. The
question then arises is the said section 16l
void as being delegation of legislative
Second-Judge Cooley in his work on
Constitutional limitations says, zone Of
the settled maxiJnS in constitutional law
is that the power conferred upon the
legislature TO make laws cannot be dele
! gated by that department TO any other
| body or authority. The power 90 whose
! high preroGatiYe has been intruSted cam
| not relieve itself OF the responsibility by
| choosing other agencies upon which the
power shall be deYolYed, nor can it substi-
| Of any other body for those to which
alone the people Rave, sen fit TO confide
this Sc atb a. {rugf st. Gooleys Gonst
California in considering the. following
| provision. THE state board of equaliza-
ton must determine and transmit to the
board Of Supervisors Of each county the
/ rate of state tax to be levied and col
I lected. which, after allowing for delin-
quencyL in the collection of taxes, must
| Of revenue directed to be raised by the
| legislature for state purposes say This
| section. of the code attempts to confer
Upon the state board the power to add
| levied by law. We are Of the opinion
that the legislature cannot commit to
Of allowance for delinquency or other
wise), the amount Of the tax to be paid
And relying upon the authority of
/
/ above. held that the said section was
void as being a delegation of legislative
/ power.
Bonghton VS.. Austin, 18th Cal. Gas
| And the same court in considering the
! validity of act creating the power Of
dTanGag g, c3 On n the case Of
! ject included the necessity for drainage
| Of any particular section of the state,
and the creation and organization of
ferred by the act of the board Of com
/ missioners with power to lesisiate and
for that purpose an almost unlimited dis
| them in the exercise of their powers to
! decide whether any drainage district as
contemplated by the, act was necessary
necessity for one or many. They could
| create one or many Wherever in their
| Judgment that necessity existed, whether
| system Of drainage or not A nd again
| 1.-THE entire act was thus made contin-
! gent upon their judgment and discretion. -
| Powers of the LegfsIature
ITO decide upon the necessity for drain
age for q part or all Of the territory
Of O. state is to decide public purpose
To declare a public purpose and to create
state in which that purpose shall be ac7;
| complished, and to provide ways and
means for its accomplishment, are mat
| islature" II q necessity exists for the
construction of public improvements
within the state for public purpose, the
| legislature must declare it There are
powers conferred upon it alone by the
! constitution. and it cannot delegate them
| to any other department Of the govern
I rnent, or to any agency Of its appoint
ment, because it would be confding &c
| others that legislative discretion which
legislators are. bound to exercise them
| to any other man or men to be exercised
People VS.. Parks, IS Cal. on pp. 42-5