COUNTY GOVERNMENT.

LEGISLATION.

It may not be generally remembered, but the constitution of 1849, article XI, section 4, provided that "the legislature shall establish a system of county and town government, which shall be as nearly uniform as practicable throughout the state." This section was specifically passed upon in People v. Lake County, 33 Cal. 494, where the Supreme Court rejected the responsibility of determining how far it is practicable to maintain uniformity in county governments; and, alluding to the fact that special legislation had been continued to such an extent that scarcely any two counties had governments similar in all particulars, and this state of things had been acquiesced in for so long a time, and property rights of great magnitude having grown up under that system, the court concluded by holding the provision directory only, leaving the question of practicability "where it has always been exercised-with the legislature." See also, People v. Board of Supervisors, 50 Cal. 561.

The constitution of 1879 contains the following, among other provisions: [Art. IV, Sec. 25.]

The legislature shall not pass local or special

laws in any of the following enumerated cases, that is to say:

First Regulating the jurisdiction and duties of justices of the peace, police judges, and of constables.

Seventh-Authorizing the laying out, opening, altering, maintaining, or vacating roads, highways, streets, alleys, town plots, parks, cemeteries, graveyards, or public grounds not owned by the state.

Ninth Regulating county and township business or the election of county and township officers. Tenth-For the assessment or collection of taxes. Eleventh-Providing for conducting elections, or designating the places of voting, except on the organization of new counties.

Twenty-eighth-Creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, township, election, or school districts.

Twenty-ninth-Affecting the fees or salary of any

Thirty-third-In all other cases where a general law can be made applicable.

And article XI, sections 4, 5, 11, 12, as follows:

SEC. 4. The legislature shall establish a system of county governments which shall be uniform throughout the state; and by general laws shall provide for township organization, under which