But courts have no power to inquire into the necessity for an act creating a new judicial district, as that is purely. a legisla tive question ; In re Fourth Judicial Dist., 4 Wyo. 133, 32 Pac. 850. ' The question whether a law is wise or just is a legislative and not a judicial ques tion ; Chae Chan Ping v. U. S., 130 U. S. 581, 9 Sup. Ct. 623, 32 L. Ed. 1068. So congress can determine whether claims upon the pub lic treasury are founded upon moral and honorable obligations, and upon principles of right and justice ; and having decided such questions in the affirmative, and hav ing appropriated public money for the pay ment of such claims, its decision can rarely, if ever, be the subject of review by the judi cial branch of the government ; U. S. v. Realty Co., 163 U. S. 427, 16 Sup. Ct. 1120, 41 L. Ed. 215.
The courts have no power to inquire whether notice of an application to the leg islature for local or special legislation re quired by the state constitution, and legisla tion defining it, has been given. But the legislature is the sole judge of that, and the passage of an act is a legislative judgment that it was properly done ; Stockton v. Powell, 29 Fla. 1, 10 South. 688, 15 L. R: 42.
Corporations are rightful subjects of leg islation and within the general grant of leg islative power ; Atchison v. Bartholow, 4 Kan. 124 ; and the power of the legislature to grant municipal aid to railroads rests under the general grant of legislative power vest ing in the legislature the legislative power of the state; Com'rs of Leavenworth County v. Miller, 7 Kan. 479, 12 Am. Rep. 425 ; in which case it was said that the term "leg islative power" had a definite signification established by legislative, executive and ju dicial structure and usage, and that it must be presumed that, in framing the constitu tion, that signification was intended. The mode of levying and collecting taxes is 'a matter confided to the legislative power and such laws are "laws of the land" ; De Armen v. Williams, 93 Mo. 158, 5 S. W. 904 ; so long as the rate is uniform and equal as to property of the same class ; Smith v. Steph ens, 173 Ind. 564, 91 N. E. 167, 30 L. R. A. (N. S.) 704.
The construction of statutes is as a general rule a question for the courts and not for the legislature ; Rambo v. Larrabee, 67 Kan. 634, 73 Pac. 915; Parish of Caddo v. Parish of Red River, 114 La. 370, 38 South. 274 (where the purpose of the law was to estab lish boundaries between parishes). After
the court has construed a statute, however, and based on it a judgment which has be come final, the legislature cannot affect it by the passage of an act, declaring the statute to have a different meaning ; In re Handley's Estate, 15 Utah 212, 49 Pac. 829, 62 Am. St. Rep. 926.
The legislature may create special public quasi corporations for governmental pur poses in designated parts of the state, and in doing so may disregard local county and township lines; Board of Trustees of Youngs ville Tp. v. Webb, 155 N. C. 379, 71 S. E. 520. But the legislature cannot declare a con stitutional office vacant ; State v. Frear, 146 Wis. 291, 131 N. W. 832, 34 L. R. A. (N. S.) 480.
Legislative power to pass a statute is not established by the enactment of previous statutes of the same character, unless such legislation has been uniform and its valid ity,acquiesced in ; Rathbone v. Wirth, 6 App. Div. 277, 40 N. Y. Supp. 535.
The legislative power has been held to authorize acts : To make conspiracy to do an act punishable more severely than the doing of the act itself ; Clune v. U. S., 159 U. S. 590, 16 Sup. Ct. 125, 40 L. Ed. 269; to the removal into a court of errors and appeals of cases of contested elections ; O'Brien v. Benny, 58 N. J. L. 189, 33 Atl. 380; to provide that courts shall be open at any place in the district where the judge may be; U. S. v. Gwyn, 4 N. M. (Gild.) 635, 42 Pac. 167 ; to deprive individuals of the right to engage in liquor traffic, though such power is not expressly granted by the con stitution, and there is a general reservation to the people of all rights not enumerated; State v. Aiken, 42 S. C. 222, 20 S. E. 221, 26 L. R. A. 345; to prohibit the manufacture and sale of intoxicating liquors ; Mugler v. Kansas, 123 U. S. 623, 8 Sup. Ct. 273, 31 L. Ed. 205 ; to authorize a particular person to act as guardian without bond ; IIender son v. Dowd, 116 N. C. 795, 21 S. E. 692 ; to convert real into personal' estate for pur poses beneficial to those interested, not sui juris; Rice v. Parkman, 16 Mass. 326; but not for those who are qui juris; Brevoort v. Grace, 53 N. Y. 245; Powers v. Bergen, 6 N. Y. 358; or providing that motions for new trials are deemed to be overruled if not acted upon by the end of the term ; James v. Appel, 192 U. S. 129, 24 Sup. Ct. 222, 48 L. Ed. 377.