The morning call., 1890-09-19
PARTY RULE.
1t Does Not Apply to Precinct
Registration Boards.
The Statute Construed in Favor Of the Elec-
ton Commissioners in the Test Case
Before the Supreme Court.

66lOIe tUc GupEeAAC SV0At.
The Supreme Court handed down yester.
day decision settling the dispute between
the Board of Election Commissioners and
the Republican County Committee regard
ing the appointment of precinct inspectors
and judges.
The opinion is written by Justice McFar-
land, and concurred in by Justices Pater-
son. Sharpstein, Thornton and Chief Justice
Beatty. The court refuses to grant writ
of mandate to r. c. Meyers, Chairman of
the Republican County Committee, requir-
ing the Board of Election Commissioners to
appoint on each Boa,d of Precinct Registra-
ton two inspectors and two judges, instead
of one inspector ana Two lnlges. a dis
senting opinion was filed by Justice Fox.
The following is the tuil text of the de-
clSion:
A STATEMENT OF TIE CASE
This is petition for peremplory writ Of
mandauus commanding Inc RESPONDENTS. who
compose lie Board OF Election Commissioners Of
the city and county OF San FraGcisco toappont
a Boaid OF Precinct Registration In each pre-
clnct In said city and county, 10 consist OF Two
inspectors and TWO judges TO be selected respect
lively from the Two opposing political parties
which cast 1.-The greatest number oil votes at the
next preceding general election"
1t is admitted that the respondents ar, about
to appoint such precinct boards to consist of
only one inspector and Two Judges-the inspector
and one Judge 10. be taken from one OF said
political parties. and the other judge TO D9 taken
from Tie other political party.
The following ale lie statutory provisions
bearing on the question:
On the 18Th day OF March, 1873, Section 1142
of the Political Code was as follows: "M hen an
election Is ordered. The Board OF Supervisors
must appoint for each precinct from the electors
thereof, one Inspector and two judges who con.
stitute Board OF Election for such precinct; and
ri nIttf a tFnTS ntni- -ha tn Fh
OF super vlsors must also, prior To The tiir1iIuu
day, appoint for each iGeeiale;t from the electors
e69, an additional INSPECTOR and TWO add
tional Judges, who, with Tie original iuspecl or
aud Judges shall canvass the votes for such pre-
cinct, and who must be present AT the closing OF
the posi otherwise the Board OF Election must
appoint The additional Inspector and Judges or
supply the place OF an absent member thereof.
The original and additional inspector and Judges
shall thenceforth constitute The Board ol Elec-
ton, the members relieving each other In the
duties Of canvassing The ballots, which may be
conducted by at least half OF The whole number;
but the final certificates shall be signed by a
majority OF lie whole"
On that day-March IS, 167S-au act OF the
Legislature was approved entitled g An act 10
regulate the registration oil yo,erS, and 10 secure
the puilty OF elections IN The city and county of
San Francisco" BY this act system of pre-
cinct registration was created for said city and
county, and powers formerly exercised by The
Board OF supervisors with respect TO elections
were conferred upon new body, created by the
act, called the Board OF Election Commissioners
STATUTORY PROVISIONS CITED.
Thele shall be Board OF Precinct Repistra.
tiOn III each precinct OF said city and county,
which shall be constituted In the following man
ner: The Board Of Election Commits siOuers as
soon as is practicable alter rhey have divided Ine
city and county into election precincts as herein
before provided for, shall proceed in the manner
provided Ill Section - hereof TO appoint Tie one
original inspector ana the two original judges of
election provided for ID Section 1142 OF tue P0-
lilical lode for each precinct. Said Inspector
a nd a a tpr n mil f,sh ar
wise ordered by the commission, and In addition
TO acting as election officers at all Tie ell lions
during Tie year, shall serve as precinct re. stra-
lion officers for enrolling the electors OF III
spectiye precincts on tie precinct ret sters
thereof. AL other election officers shall 10 APP
pOnled by the Board Of Election COmmlss lners
at such time as shall be necessary before the
election.
On March 20, 1899, an act of the Legislature
was approved, entitled IAN act 10 amend certain
enumerated sections OF the Political Code ie-
Iaung TO elections" BY this act Section 1l42
"a Doye quoted was amended. That part OF this
section as,thus amended and re enacted, which Is
pei tineuI TO the case az bar, is as follows
When an election is ordered the Board of Su
peIyisors or other board having charge and con
troll OF elections In each Of The coun les and cities
and counties Of the State shall appoint for each
precinct from the electors thereof whose names
appear upon the last assessment roll OF said
county or city and county, tM0 inspectors, two
Judges and two Clerks, tue inspectors, judges
and clerks 10 be selected respectively from the
TWO opposing political parties which cast the
greatest number OF votes at the next preceding
general election. The inspectors and judges 80
appointed shall constitute board of election for
such precinct. SAID board OF electors shall can
vass The votes for such precinct aud must be pres
ent al the closing OF Tie polls. The members OF
said board shall relieve each other In the dulles
OF canyassing the ballots, which may be con-
Quoted by al least half OF the whole number, but
the final certificate shall be signed by majority
OF tile Whole.
The foregoing statutory provisions are all that
are necessary 10 be here cited IN full.
PRECINCT REGISTRATION BOARDS.
Now, 1t is contended by petitioner that BY viz
tue OF The amendment Of Section l AZ OF the Po-
above quoted--it has become the clear and I'M
peratiye duty of The respondents TO create a
Board OF Precinct Registration in each precinct
OF San Francisco, 10 be composed VI four per
sous, viz, TWO Inspectors aud two Judges, In
stead of three persons, viz, one inspector and
Two judges. But IL is evident that there is no
such requirement 10 be found III The statutory
law.
The said act OF March 20, 1889. amending
certain sections Of The code. makes no change,
aud does not purpost or attempt TO make any
change, OF the persons who have charge OF The
registration of voters. IL deals mainly, aud
almost exclusively, With tDe matter Of holding
elections; and, SO far rs 1t provides for any
change OF officers at all. that change relates
tifey 10 those who are 10 take charge of The
election on The day Of the eleclion-to receive
the ballots, TO canvass them and 10 certify The
result.
Section 1142 Gas amended) after providing for
the appointment OF TWO Inspectors, Two judges
aud two clerks, equally from The political par
ties (Which appointment, by Section 1871, must
be made at least fifteen days prior TO an
electl0n'), then provides that 'the inspectors
ana judges so appointed shall constitute a
Board OF Election for such precinct" The
section then prescrlDes their duties-which are
stated 10 consist III being present at tue polls,
canvassing the ballots, making certificates,
etc. But there is no duty imposed ON them and
no power given them 10 take part In the pilur
registration Of voters. That duty Is imposed on
other officers, and it has been imposed generally
TN oughoui the State ON County Clerks, assisted
by County Assessors
SUPERVISING REGISTRATION.
In San francisco, however by the said act of
March IS, 1878 Section 10 Of which is above
quoted the power OF supervising registration
was conferred upon three distinct bodies or per-
sons. each appearing 10 be- 10 some extent, In
dependent OF, and a check upon the others, VIZ:
First-A Board OF Election Commissioners com
posed Of five of the most important municipal Of
hcers OF the city and county; sec0nd-A Regis
trar, appointed by the Governor OF the State, and
third. Board of Precinct Registration, WHO are
given some power during the last few days be-
fore The time for registering expires, aud who
were composed-nOt of Tue Precinct Board OF
Election as provided at that time Section l142
OF the Political Code Ito which said Section o of
the act feierfed)-but Of certain persons who
form Part OF that board, viz: One inspector and
two judges. II the Legislature had desired the
Registration Board to consist OF a larger number
Tor The wh0lel OF the Boards Of Elections il could
easily have done so, for the latter board at that
time consisted OF TWO inspectors aud four judges.
And that statute (Of March 49, 1879 Is the only
law now existing for the creation Of boards Of
precinct registration In San francisco. And as
that statute provides that such board shall con,
sst OF three persons, this court could not COM
mand the respondents TO put fourth person on
IL without usurping legislative power To do so
would be, not to coDstfue doubtful language In
a statute which courts, from necessity, must
Often DO but TO create new piece of leg isl alton
Which the Legislature alone can rightfuy do.
PARTY RULE WILL NOT APPLY
Counsel for petitioner seem very much i'm
pressed with tie notion that as the Legislature
intended by the amendment OF 1889 TO have tue
Boards of Election composed OF persons taken
equally from the two political parties, therefore
II should be held to have intended to apply the
same lule TO those having charge OF the r.gstra-
lion Of voters IN San francisco. But, whatever
may be imagined as 10 such intention, Ii is sufii-
cient TO say that such Intention was expressed.
And 1t may be remarked In passing, that ieCisla-
tors might well have thought that the rule OF
equal party representation could be conveniently