The San Francisco call., 1896-01-23
ELECTION LAW
KNOCKED OUT.
The Present Commissioners
Must Step Down
and Out.
THEY HOLD ILLEGALLY.
Supreme Court Decision Which
Changes the City'S
Politics.
THE AUDITOR NEED NOT PAY,
End of an Official Dispute Involving
the Validity of the Election
Board.
The king is dead! Long live the king,

The king is dead! Long live the king!
The new Election Commission has been
declared unconstitutional by the Supreme
Court and it must fall by its own weight.
In its place must rise the old order OF
things-the commission composed of Of
fcers of the City who are ex-otficio mem
bers OF the Board of Election.
The Supreme Court rendered its decision
yesterday, and in seven typewriter pages
1t shows how the law is special and local
and at variance with the organic law of the
State. 1t creates a special class, the court
says a special class within the limits of
which the law can take effect and beyond
which 1t is unayailing, and this special
class, being a class not mentioned in the
constitutional classification, is held to be
one not sanctioned by the constitution.
Upon this point the law creating the new
commission is bowled out. The case rested
on a suit brought by James Denman, one
OF the new Commissioners. to compel the
Auditor to allow his salary demand.
In the constitutional classification of
cities and cities and counties all those con-
tanning over 100, 600 inhabitants are of the
first class, those having more than 10000
and less than 100, 00G are OF the second
class. But the recent law says that the
Board of Election Commissioners as pro-
vided is to be so formed in cities or cities
and counties OF 10000 people. The consti-
tutiOnal classification says nothing about
cities OF 100000. 1t refers only to muni-
Cipalities of 100000 and under, as it was
plain that the law creating the new Elec-
tion Commission created also a special
class in which il was to be enforced The
Supreme Court declares this unconstitu-
uonal, and as the clause declaring under
what circumstances the act shall be en-
forced is void the whole act must fall
with il.
The full text OF the opinion is as follows
The petitioner claims to be member OF the
Board OF Election Commissioners of the City
and County OF san Francisco, under a certain
act OF the Legislature, approved March %,
1895. He presented his demand for month IS
salary as such Commissioner to the respondent,
Auditor OF said City and County, and requested
him te draw his warrant for the amount OF such
salary upon the Treasurer Of said Citv and
county. The respondent refused TO draw such
warrant on the ground that said act is un-
constitutional, wnereupon the petitioner pre-
seuted his petition 70 this court for writ of
mandamus 10 compel said respondent to draw
such warrant.
The act in question is entitled 'an act to add
a new article, TO be designated as article " of
chapter OF title OF part 3 OF the Political
Code, and also 10 add six new sections, "rela-
tive TO county, city and city and county Boards
OF Election Commissioners" The part of the
act necessary 10 be considered is new section,
designated as section 1913, and is as follows:
lO75 The Board Of Supervisors of each county
is eX-officiO the Board OF Election Commissioners
IN ahu loI tIle county ana the common council or
other governing body OF a city is ex-officio the
Board OF Election Commissioners in and Tor such
city; provided that in cities and cities and conn
ties OF TINS state having 15OOOO or more inhabi-
tants, the Board of Election Commissioners shall
consist OF four persons, citizens and electors of
such city or city ana county each OF whom must
be freeholder and have been an actual resident
OF said city and county at least five years preceding
TINS appointment, who shall be appointed by
The Mayor; provided, that the respective
executive committees OF the State COM
ties who may be entitled under the provisions of
this act TO have members of their party appointed
members OF said Board OF Election Commits
siOners shalt have the right within ten uays after
such appointment, TO hle with the Mayor a written
protest against the appointment of a member OF
said Board Of Election Commissioners on the
weIl-known affiliation and standing with said
party from which he has been appointed: and the
Mayor thereupon shall make another appointment
n the place of the party against whom the protest
has been filed The members OF said commission
shall be ineligible TO any other Office OF public en-
ployment elective or appointive, during the term
1or year thereafter. Two of the per
sons so appointed shall be selected from
or city and county, OF known afhlaton with and
belonging 10 the political party Tor organization
such city city and county polled within said CITY
city and county the highest number of votes cast
dental electors at such election, and the two re-
naming members of the board shall be selected
nom tie BODY Cf such city or CITY and county
Of known afiliation with and belonging to the
political party which at the last PTesiden-
and county poled within such city or city
and county the next highest number of votes
cast for the candidates for Presidential electors
OF poiltlcal party Ihe members OF said com
mission shall every two years choose one of their
number as chairman In the event of their failure
10 select a chairman In hVe ballots the oldest of
said members in point of years shall be chairman
The persons first appointed as such Board Of EIec
Monday in July, 1895 and shall hold their office
for the term Of four years from and after the date
OF their appointment, except that the first ap-
pointed (two one belonging 10 each political party
organization as aforesaid, to be designated
by the Mayor shall retire at the end OF two
years, when their successors shall be an
pointed by the Mayor. Whenever any vacancy
shall occur in the said board such vacancyEshal be
filled by appointment as herein prescribed and
the person appointed 10 fill the vacancy shall be
selected in the same manner and from the same
political party or organization with which his
predecessor in Office affiliated and belonged at the
time of the uneXpired term for which he was ap-
The salary of each member of the Board of
Election Commissioners In and for the cItv or CITY
and countv having 100 00O or more inbsbitants
shall be $3.50 per annum payable in equal
monthly instalments out Of the treasury of such
city or city and county in the same manner the
salaries OF officers of such city or city and
county paid
The constitutionality of this section is at
tackled upon several grounds, and 1t IS appar-
ent that q: many points it at least closely ap-
prOaches the line which limits legislative
power. Under our views OF the case, however,
respondent assails the law which it is not
necessary for us 10 exploit. While it may be
true, as counsel for the petitioner says, that
the law was intended for an excellent and
worthy purpose, it was evidently drafted in
ignorance OF the constitution OF the State, or
with reckless disregard of its provisions.
1t is a matter of history that when the pres
ent constitution was adopted there was great
appreciation OF the supposed evils which had
arisen out of special and local legislation, and
there was a strong purpose 10 prevent such
evils in the future Perhaps some other in
conyeniences and evils which arise from too
great Limitation of the legislative power in
this respect were not fully anticipated or con-
sidered
Al all events the constitution is exceedingly
prohlbitory OF the power TO pass local and
special laws; and this feature of the constltu-
uon should be Kept in view by Legislators, for
Jaw passed in plain contravention OF 1t,
wiener good or bad, cannot be upheld by the
section 25 OF article " of the constitution ex-
pIcssly provides that ''the Legislature shall
Ion pas local or special laws in any OF the fol-
-VHlAe, enumerated cases; that is TO say" and
memo. men loIIows thirty-two enumerated caseswhicn
Iucleoe nearly all subjects of legislation that
can De suggested IN addition there is q thir-