Flanigan v. Sierra County - 196 U.S. 553 (1905)
U.S. Supreme Court
Flanigan v. Sierra County, 196 U.S. 553 (1905)
Flanigan v. Sierra County
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that powers derived wholly from a statute are extinguished by its repeal, and no proceedings can be pursued under the repealed statute, although begun before the repeal, unless authorized under a special clause in the repealing act has been oftenest illustrated in regard to penal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.