FLANIGAN V. SIERRA COUNTY, 196 U. S. 553 (1905)

Subscribe to Cases that cite 196 U. S. 553 RSS feed for this section

U.S. Supreme Court

Flanigan v. Sierra County, 196 U.S. 553 (1905)

Flanigan v. Sierra County

No. 121

Argued January 12, 1905

Decided February 20, 1905

196 U.S. 553


Whether a statute of a state is or is not a revenue measure and how rights thereunder are affected by a repealing statute depends upon the construction of the statutes, and where no federal question exists, this Court will lean to an agreement with the state court.

Under the California cases, the county ordinance imposing licenses involved in this case was a revenue, and not a police, measure.

While the doctrine that powers derived wholly from a statute are extinguished by its repeal, and no proceedings can be pursued under the repealed statute, although begun before the repeal, unless authorized under a special clause in the repealing act has been oftenest illustrated in regard to penal statutes, it has been applied by the California courts to the repeal of the power of counties to enact revenue ordinances, and will therefore in such a case be applied by this Court.

The facts are stated in the opinion. chanrobles.com-red

Page 196 U. S. 557


ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman