33 Cal. 212 | Cal. | 1867
By the Act under which the defendant claims its franchise, (Acts 1861, p. 187, Sec. 5,) the fare for a passenger is limited to five cents when two or more passages or tickets for passages are purchased; and hy an Act approved April 14th, 1863, it is provided that “if any street railroad company shall demand or receive any greater sum, it shall forfeit to the person from whom such demand shall he made or such money shall be received, as well as for the State of California, for every such demand or receipt, the sum of two hundred dollars, to be recovered in a civil action in any Justice’s ■ Court in the county, or city and. county, in which such street .railroad is situated.” (Acts 1863, p. 297, Sec. 1.) This suit is brought to recover forty thousand dollars, the aggregate of two hundred distinct forfeitures under the Act. The complaint contains two hundred counts based upon as many distinct violations of. the statute. The complaint was demurred to on the ground : First—That the District Courts have no jurisdiction of the subject of the action; and second, that -several causes of action have been improperly united in the complaint. Of these objections, we shall have occasion to consider the first one only.
It is a matter of no moment, so far as the jurisdictional question is concerned, whether the forfeiture of two hundred dollars, provided for in the Act of 1863, is treated as a penalty for ' extortion, as claimed by the defendant, or as liquidated damages, as claimed by the plaintiff. In either ■event the obligation of the company to pay the sum designated, and the right of the passenger to enforce the obligation in his own and the State’s behalf, are of purely statute creation. This, though made a topic of discussion, is quite too plain for argument; and it follows that no other process or procedure can be made use of to enforce a performance of the obligation than that which the statute itself prescribes. k The doctrine upon this subject is settled by a long and unbroken series of decisions, and may now well be regarded
When the statute creating the new right and prescribing a particular remedy for violation thereof, provides that the remedy must be pursued in a particular Court, the rule we are considering excludes all other jurisdictions. The forum named in the statute is an element in the method of redress, and that method is at once integral to the remedy and to the right. Dudley v. Mayhew, 3 Coms. 9, was a bill filed to restrain the .infringement of a patent right. The question was as to the jurisdiction of the State Courts in such cases. It was held that when a is confined to a statutory
But it is urged that the Act of 1863 is unconstitutional and void, in so far as it gives exclusive jurisdiction to Justices of the Peace of actions brought for the recovery of forfeitures arising under it, and on either of two grounds : First, for the reason that the provision infringes upon the original jurisdiction of the District Courts, attested by the amount of the demand in controversy; and Second, for the reason that a suit brought for the recovery of a forfeiture necessarily involves the legality of a tax. In arguing the first ground, counsel takes and limits himself to the position that “the question depends upon whether the several causes of action contained in the complaint can be united under the sixty-fourth section of the Practice Act.”
While the Practice Act may be tested by the Constitution,
As to the second ground upon which it'is insisted hy the plaintiff’s counsel that the provision of the Act which gives Justices of the Peace exclusive original jurisdiction over cases arising under it is unconstitutional, it is sufficient for present purposes to say that while the point may he fatal to the demurrer, it must he equally fatal to the action. The Act of 1863 is an entirety, and all of its parts must stand or fall together. It is manifest that it was the legislative intent that the forfeitures for which the Act provides should he enforced hy a civil action brought on behalf of the party aggrieved and the State, before a Justice of the Peace. If that intent cannot he effected to the whole extent of it, then the Act is fallacious as a whole. The right and the remedy are so interblended that they cannot he separated. An Act containing an unconstitutional provision will vitiate the whole Act if it enter so entirely into the scope and design of the law that it would be impossible to maintain it without the obnoxious provision. (People v. Hill, 7 Cal. 103.)
The judgment is affirmed.