Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-20
TIE ELECTION DECISION.
No County Elections this Year, Except the
Case Of the City and County of San Fran
cisco. not Touched Upon.

In the case OF Treadwell against the Supervisors
OF Yolo county, an application for writ OF manda
mus to determine the question whether an cleo
ton for county officers is required to be held
this year, the Supreme Court has rendered its de.
cision by Sharpstein, j., Thornton, Mvrick and
Mckee, JJ., concurring; Mehinstry and Ross JJ.,
dissenting, and Morrison, Oh. j., expressing no
opinion.
election OF certain county officers. The Act OF
March Z 1881 is entitled an Act to amend Section
400 OF an Act TO estab.ish Political Code, ap-
proved March II, 1872, relating to the election and
terms Of office of county, city and county, and town
ship officers and to repeal Sections 4O2i, 402I and
ALI of said Political Code"
1t is an attempt tocompleteiy revise Section 400.
As il originally stood that section provided for the
holding of county elections on the same day that
general elections were held, under the late Const
| tuition The present Constitution has changed the
time of holding the general elections from the first
Wednesday of September to the first Tuesday after
the fir Monday OF November. The intention of the
Legislature to make corresponding change in the
Code in relation to the time of holding elections for
county and township officers is sufficiently manifest
| in the amendment OF March z, 1881.
The intention Of the Legislature to revise in the
| latter Act the entire subject matter OF the former
| one appears more plainly than 1t cid in any of the
| cases above cited And whenever that intention
clearly appears the subsequent Act operates as re-
peal OF the former, although it contains no express
words to that effect. 40 amendment OF a statute
will operate precisely though the subject-matter
OF the amendment had been originally Incorporated
in the statute amended, regards any action had
| after the amendment is made
1t does not seem to us that under the authorities
there can be any doubt to the operation OF the
Act of March 7, 1881. II constitutional, it com.
pleely superseded the section which 1t amended and
| revised
Its constitutonaity is attacked on the ground that
il it dispenses with the holding OF an election OF
county offices this year, 1t in effect extends the
terms OF the present incumbents. IL is not claimed
that it expressly or directly attempts to do anything
of the kind. But 1t is claimed that such would be
the necessary result, because the present incum.
bents are entitled to hold their respective offices until
their successors are qualified. The Code so pro
vides, but if that provision of the Code is repug'
nant to the Constitution, the Code must give way
and the result would be that all OF these offices
would become vacant at the expiration OF the terms
for which the incumbents We're elected, and such
vacancies will have to be filed in the manner pre-
scribed by law. And if there be no mode provided
by law for filling them, they must be filled in The
mode provided by Section Of Article '. Of ! TN
Constitution II either Act is unconstitutional 1t is
the one which provides that officers shall hoit
after their terms have expired, and not the ont
which changes the time OF holding the election.
Mckee j., in his concurring opinion, holds tina
under the Constitution of 1879 the election of county
officers under it excented for the first election
held after its adoption. OFFICES were to be chosel
by the laws then in force-they were not, therefore
disturbed 1t was also provided that the officer
elected under such laws should hold until their sue
cessors qualified. Officers elected in 1879 hold the
until the qualification OF their successors, who coul
not be chosen until the Legislature, uDutr oectio
s. Article XII Of the Constitution, passed genera
and uniform law fer elections in the counties. III
Legislature discharged this duty by the Act OF Mare
T. ISL which made operative all the constitutions
provisions on the subject and all the provisions
the Political Code on that subject were n
pealed and this leaves no law in existence authors
ing an election, ETC., until 1882. :. The Act
March T. 1881, is a law which makes the election {
8 ali county officers, and the officers to be electe
under H. subject TO the provisions OF the Constitl
ton Elections for such officers are only to be bel
in even numbered years nor shall the term OF an
such officer be extended beyond the period for whic
d ne shall be elected. Section g. Article &ll Blu
n as had occasion to observe in Woods VS.. Hectic
, Commissioners Jure Is. IssD the S officer sI
elected at the election Of 1879 are not within To
Y intent and meaning Of these constitutional prov
sions because they were, elected, by authority
the Constitution itself, under laws which command
a ed them to hold their respective offices until the
successors were elected and qualified under Leg
lation which was necessary to carry into effect u
\ provisions of the Constitution upon the subjec
4 Therefore concur in the judgment
The dissenting opinions are lengthy, and hold I'M
= there should be elections this year for officers
!. hold until January, 1888.