The morning call., 1892-10-04
POWERS OF The REGIO7RARl.
The Printing of Municipal
Ballots.
Why the Power Il Vested Solely in the Ri is.
trar to Place the Proper Hefdiug
on the Tickets.

In the following clear elucidaton OF tne
statutes governing the point al issue, H. L.
u .n SHOWS why the Registrar has urder
,no Ia" 'he sole power Of deciding IS to Che
proper headings for the ballots /, be ,sssa
at the coming municipal election.
In mmunication to THE Carr Nj.
Gear says:
9, Inc question whether The Registrar or Voters
soa 1 ; ei.y ana county OF San francisco has the
the fefnrm 10 b baht Inc municipal hssoss arder
poll zeal parties are entitled to plae4 M on ft,e
mead OF the municipal ticket. Or aiefbee those
matters are to be determined by me Repsztsar
ana Board OF Election Commissioners acting il
conjunction as new consolidattd board created
DIV me reform ballot law, depends uqen she cor
rect Interpretation OF section 1916 Of the Politi-
cal Code, which reads as follows:
In all counties and cities aud eeunlies In this
Election Commissioners the powers ronfsrresl aud
me euties imposed by the code upon tue County
erection and polling places. shall be Exercised and
performed by such Registrar OF Voters and Essra
OF Election Commissioners, ami ali certiHcatss laf
nomination required by TINS cod. 70 be f.afIe Ia
County Clerks snail be made ~ sbs t5-s4 go ~
voters. -
The "oher officers" Who's aullea ,sin reia.jon
10 the matter Of election and poillng-ts zen a
regulated by The code, consist OF The Asses or
and the Board OF Supei Visors aad ihe seelfon
must be construed as II those officers We
named IN the section.
The Assessor is required 10 assist tae County
NtCth III INC ItElSlIdtIO1 OF NHttfs. ana II Is
absurd 10 suppose that his duties are ntcAded 10
be Imposed upon the Board or EleelIDD COM
mIssloners eonlointly With the Registrar.
On Tie otber hand the Board Of SuyeffisOrs
are vested with general control over ne
subject matter OF election precincts ana he
designation OF places of election and he appoint
meht oil boards OF electors, whieh Il Is ar5lt 70
be supposed that the Legislature au4eaaed 10
delegate 10 The Registrar eoEjoibtly sItA tie
Board of Election Commits sionerS.
BY the terms OF the act CT 1878 proTidirg foe
Election Commissioners aid 4 Registrar a
voters, the management aud Control Of e,ec-
lions Heretofore vested Ia the Board Of SnpeF-
visoIs OF the city and coaaiy Of Ban Francisco
was taken from the Supervisors and ali OK the
powers aud duties OF that board Hpoa that sub
1ect were vested in Boar 81 ELECTION fOnil.lis-
SlonerS consisting OF the MayOg, Audi. Or Tax
Collector, CITY and Coun Attorney and City
and County Surveyor.
The Registrar OF Voters i ret a gnp,rber az
the Board of Election Con al iolisrs inasI~n ~
Is made ex-officiN secretarg u ihas board IN
Ike manner in most sognti as Of I.e Stale
the County Clerk Is NJ sAei0 CLERK
or the Board Of Supervise 3, th5uga a3t & ine.si-
Der of that board. The he istFas IL appointed
by the Governor and is ex ssy srfoGed vita
all the power ana require alsehsrGe al the
duties heretofore belong Z 10. discharges BY
or esting upon the CouT Cls aba Assessor
OF the city and county OF ss1 Fsareisgo. He Il
expressly required 10 pref aud punt precinct
registers instead of copies u he Gs6at Regis e.,
as was required OF he Co my Ci=rk, aud 10 fur
DiSh blanks stationery, certificates ana returns
TO The boards OF precinct Tsgistratlon and 10 al
yeftise the time for precinct FegissratIon With
the discharge OF these duties OF printing the
Board OF Election Comm Islchsts have ngh.ee
TO do.
Under the reform ballot law the Bosis OF
Supervisors have nothing 70 GO Witt certificates
Of nomInatiOn, or with tie Lst1tiHs, u ballots.
The County Clerks are Isqaired 10 print and
distribute copies OF the iee Ter OF voters % die
certificates OF nomHalf ION, publish the list OF
nominations. TO provide p i1fed ballots fer tile
general election. and IN Consolidated cities and
counties 10 provide seDafal printed ballots fer
the municipal election. In roper form aud With
proper headings. and TO int and distribute
sample ballots and insrruc rs 70 electors.
Under this state OF the la II is not reasonable
10 suppose either That thu registrar Of Voters
was Intended 10 be Clothed ih any Ut tl5e poW-
ers vested in the Board u Supervisors by the
Political Code as member el anew ennsoiidafed
board established by the te IS % section I2tG
of that code, or that he Boz & OK Election Com.
misslODeTS was intended e. DO vested with auy
of tie duties of The Assess r or County Clerk "a
members OF such eols Olda board. tf.~t -
was intended 10 eIeale a. ash Consolidated
board.
No inference can be draw from the fae5 faaf
certificates OF nomination are required 80 he
made TO the Registrar of Voters that }hs Eiiag y
such certificate is the only duty 10 De discharged
singly by tie Registrar. tie certificate - re-
CURED 10 be made TO the Regis FAR as tue dnty 81
the convention or BODY OF electors making TIE
nomination. Nothing IS saic abeaI fling the
certificate or printing tile lisl Of rgTninaliUls
the ballots for the nominees BIZ lie ~ gstsar -
the proper Off Ger TO discharge al OF slese Ga-
ties as The Iepres entatlve u t4e Coan,y Clerks
without interference from va - cteii toniRils-
souers. who represent the dat3ss ol ihe SupefFts-
ors and not those OF the County ,ers
Section 3542 of the Civil Code aHae, that "In-
depreciation must be reasonable" a aIsc d
wel-settled principle OF statutory c8g ST lcti0H
that all parts OF a statute must he e0f ae1 to-
gether, aud that statutes in pari aatsIs. or re-
lating 10 the same subject matter, nj = be eOu
srued together TO ascertain The Intention Of The
Legislature. Under these plincines Tue inter-
probation OF section 1915 OF the Political Cose
must be made IN the light OF tie eagnaie see
lions, and also in the light stS contents OF the
statutes creating the Board OF Elee.ioa 'onin,ss
RtOnPfg n me n is
their several functions aud duties.
1t Is smother principle CT construction esne.
crazy applicable 10 such case stAls.t Sbese
separate matters are CO.. jJined il { statute
Which In their nature ought to &c eaas4asss..
sing!y or cistributiyely the3 are TO DC so cor
sirued, Notwithstanding the Iise of the Genuine.
lion and" under the application Of tie MAXIM
reddendo singua slngulls thy referring the
single 10 the siDgle'1.
Our Supreme Court has weil ssid: ssTne word
and IS not always TO feiaksn sonjunciIvey
IL is sometimes, In faIf n1 fslioasa eai.s rsfc-
lion OF statute. TO be re- as y & Tete or
taken disjunctiyely. TIE suhs'
and eff CT of the statute Is to D. asat fstf ano
not every unlmportant matter OF SRA o. clrear,
stance. Qui neret In lisera haeYet ia eoYticss
People VS.. Roe, 81 Cal, 5SA) Il has appisa
The maxim OF distributive constructions feItefsfn
s1ngula singulis to that prov sion oi tie Slaie
constitution which declares cot iaHeilvslv thai
'State and county Boards OF Equallzat8oGf az
authorized ITO increase OF lower The eG Ire as
ssment roll, or any assessment contained
tneio!a holding that 1t Rust be construed a.
if,Dutlv.. ond The matter OK incseaSng or low.
ferred singiy 10 the sssse sss ro nlis es
aud the matter of eanaliziEg individual asssss,
m hts be referred singy 10 the eoInfy hosfa
tWells, Fargo & Co. VS.. state 39srd Of Eqnasiza.
tiOHl
Without taking space for The citation 81 far.
Their authorities, II is evident from whaf has
been said that section 1916 OF the YGAfieai Cone
should be construed disfT satlteiY. By referring
all the duties and powers OF tle Board OF Supe4~
visors provided for IN the Political Code IN re-
lalon 10 matters OF election aud polling psaceSr
TO the Board OF Election commissioners Is their
proper representatives, and 0g resersng ali The
duties and powers deyeiyinE aYoa Cofiats
Clerks and Assessors zip relation 20 faasfsTs e.
election" upon the Regissf@f Yegers
IL follows that tBe Registrar alone Is (lss
proper officer 10 print the nla3ieipai 6ai.ols 81
this city and county, aDd 10 place tie rfanef
heading thereupon. and taus he Beard OF Flec-
tiOn Commissioners have no eo1troi over thai
subject matter il being tie Drorince Of tue Snre
rior Court ind secIion 100 T. correct aax
errors in the action Of I've RssiStfsts.sth the pnt
Gallon OF nominations o. printing ol ballois.
4. l. GEAK.
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