Declaring unconst.'07 (ex. sess.) ch. 9 providing that courts be open on special holiday except for action on contract for direct payment of money. Special legislation.

Provided, if any day mentioned in section ten of this code other than a special holiday happen to be the day appointed for the holding or sitting of a court, or to which it is adjourned, it shall be deemed appointed for or adjourned to the next day.[Amendment approved 1907; Stats. Ex. Sess. 1907, p. 9.] Unconstitutional in part.

Same-The legislature may, by direct and positive legislation, provide holidays, but not by delegation of discretion to another to create a holiday

The following miscellaneous statutes relating to courts have been held to be invalidated by the provisions indicated: California.

—for example, this court noted that "in the autumn of 1907, owing to the financial crisis through which the state was passing, it had been deemed necessary by the governor to declare a series of holidays."

By this section it was never intended to prohibit all business in the superior courts on a legal holiday or nonjudicial day, except the issuance of injunctions and writs of prohibition, and the legislature is at liberty to allow or disallow the transaction of all or any class of judicial business on legal holidays

Under this section the amendment of November 23, 1907, to section 135 of the Code of Civil Procedure providing for the transaction of judicial business, except in certain cases, on special holidays, is unconstitutional in that it creates a class of litigants, without any rational or constitutional distinction to justify the classification

This section was again amended at the extra session of 1907, on November 23d (stats. 1909, p. 9, which volume includes statutes of extra sessions of 1907), but the amendment was held by the supreme court to be unconstitutional and void

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