19 Cal. 391 | Cal. | 1861
Baldwin, J. concurring.
This is an action to enjoin the collection of a tax assessed by the defendants upon a bridge within the corporate limits of the city of Marysville. The charter of the city contains a clause in these words : “ The Common Council shall have power within the city to construct a bridge across the Tuba river at the southern extremity of the public plaza, or to authorize the construction upon such terms as to a division of the proceeds from the tolls as may be just, and to regulate the rates of tolls.” The bridge was constructed under the authority of an ordinance passed in pursuance of this clause of the charter, and was subsequently conveyed to the plaintiff, against whom the tax in question was assessed. The franchise was granted by the ordinance for the period of twenty-five years; and it is provided, that at the expiration of that time, the bridge, as well as the franchise, shall revert to the city. The grantees are to pay to the 'city five per cent, of the tolls collected, and to deliver the bridge free of expense, etc., upon the termination of the grant. The plaintiff contends that under these provisions the city is to be regarded as the present owner of the property, and that the assessment of a tax upon it for municipal purposes is a nullity. We take
Judgment reversed and cause remanded.