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Flanigan v. Sierra County, 196 U.S. 553 (1905)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Flanigan v. Sierra County, 196 U.S. 553 (1905)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 196 U.S. 539, click here.
Flanigan v. Sierra County No. 121 Argued January 12, 1905 Decided February 20, 1905 196 U.S. 553
CERTIORARI TO THE CIRCUIT COURT
OF APPEALS FOR THE NINTH CIRCUIT
Syllabus
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that powers derived wholly from a statute are extinguished by its repeal, and no proceedings can be pursued under the repealed statute, although begun before the repeal, unless authorized under a special clause in the repealing act has been oftenest illustrated in regard to penal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.
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Chicago: U.S. Supreme Court, "Syllabus," Flanigan v. Sierra County, 196 U.S. 553 (1905) in 196 U.S. 553 196 U.S. 557. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2LYPFN11J9UEY1T.
MLA: U.S. Supreme Court. "Syllabus." Flanigan v. Sierra County, 196 U.S. 553 (1905), in 196 U.S. 553, page 196 U.S. 557. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2LYPFN11J9UEY1T.
Harvard: U.S. Supreme Court, 'Syllabus' in Flanigan v. Sierra County, 196 U.S. 553 (1905). cited in 1905, 196 U.S. 553, pp.196 U.S. 557. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2LYPFN11J9UEY1T.
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