The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-19


for roads and highways and regulating the
compensation of officers.
The mistake with reference to classification
has undoubtedly arisen because the Legisla
ture of 1880 County Government bill approved
April 27, 1SS0) attempted to specifically re-
peal section 1905 OF the political code, but the
attempt was futile because the act itself thus
attempting to repeal section 1905, was by our
Supreme Court in the the case of Leonard VS..
January, Cal. /, declared unconstitutional,
thus restoring section 1905 with full force and
effect.
Since that time our Supreme Court has rec
ognized this division of counties TO be in full
force and effect in the case of Kinsey VS..
Kellogg, 90 Cal. 112.
Since that time no classification has been at
tempted, except i'm the county government
bills, commencing with that OF 1888, as
| amended by various legislatures, all of which
were elassiications for the purpose of COM
pensating officers only. Consequently the gen.
eral classification of section 4006 of the politi-
cal code stands for all other purposes, such as
election purposes and general primary election
purposes, and for such purposes this county is
a county of the first class.
Wherefore your petitioner requests that
you: honorable board provide revenue for con-
ducting general primary elections as provided
by section 18 of said act, because unless such
provision Is mace IN sucn taX levy II Will De
impossible for such primary election to be held
for the election of delegates to elect delegates
to the National Convention in 1896, and also
TO elect delegates to the convention OF July,
1896 which would work great hardship on
citizens Of this county and prevent them from
taking advantage of the provisions of the Aus
tralian ballot system, and would possibly in
validate the election of some candidates at the
next election. Yours, very RESPECTFULLY,
W. A. GETT JR.
Dated, September g. 1895.
This communication was referred to Dis
trict Attorney Ryan for investigation and
advice, and he gave his opinion that the
act is special legislation and therefore in
valid. His opinion is as follows:
To the Hon. Board Of Supervisors Of Sacramento
County-GENTLEMEN: Relative to the COM
munication of w. A. Gett Jr., requesting the
board to make an increased levy in order 10
provide for expenses for conducting a primary
election, pursuant to an act of the Legislature,
passed March 81, 1895, which act relates to
primary elections in certain counties referred
TO me for an opinion.
My conclusions that the act is unconsti-
tutional, and it is unnecessary for your honor
able board to make any provision for the extra
ordinary expense which would be incurred by
attempting to carry out its provisions.
AS counsel expresses it, the Legislature, no
doubt, intended this act to refer to counties of
the first and second classes, as classified by
the provisions of the county government act
to wit: the counties of San Francisco and Ala
media 1 agree with him that the classification
in the county government act exists only for
the purpose of fixing the compensation of
county officers. (See sec. S, art. XII, const.
1879 But if section 4006, passed prior to the
adoption of the New Constitution, has any
operation whatever in the classification of
counties, such classification cannot exist for
the purpose Of enactng an election law appli-
cable to any OF the classes created by the pro-
visions OF this section. Such an act would
conflict with the provisions of this section.
Such an act would conflict with the provisions
OF sec 25, art. XXIV, of the New Constitution !:
"Sec. 20. The Legislature shall not pass local
or special laws in any of the following emu
merated classes, that is to say provid.
ing for conducting elections or designating the
places OF voting, except on the organization of
new Counties
Section 26 of the act of March 27, 1895, re-
lating to the holding of primary elections,
provides:
"This act shall apply to- take effect in and be
in force only in counties of the first and second
classes"
This is clearly special legislation, and
whether the classification to which it is in
tended to apply exists under the provisions of
the county government act or the provisions of
section 4OO6 of the Political Code can make no
difference. 1t is special legislation in either
instance, such az is prohibited by section 25 Of
article XIV of the constitution. Respectfully
submitted,
FRANK D. RYAN, District Attorney.