The San Francisco call., 1896-04-26
THE FOUR-YEAR LAW.
A Suit to Test the Terms of
Municipal Office
Holders.
Election Commissioners to Be Enioined
From Purchasing Ballot
Paper.

A complaint to test the application of
the county government act to this City
was filed yesterday. and upon the decision
rendered in the case will rest the question
whether the present municipal officers will
hold over for two years more or if there
must be an election as usual next Noyem-
Der.
The plaintiff is Julius Kahn, represented
by w. III. L. Barnes, w. w. Foote and T. c.
Coogan, and the defendants are the mem
bers of the Election Commission. The suit
is to restrain the Commissioners from pur-
chasing any ballot-paper or expending any
money in preparation for an election to be
held next November.
On April 20 last the Election Commits
sioners passed a resolution directing the
purchase OF ballot-paper or giving notice
OF an intention 10 purchase it, and author
izing other expenses in preparation for the
coming election. Kahn brings suit under
the act of the Legislature approved March
"a, 1895, and entitled IAN act to establish
a uniform system of county and township
governments" He alleges the act pro-
vides that ''all elective county and town
ship officers except otherwise provided for
in this act, shall be elected at the general
election to be held in November 1894, and
every four years thereafter, unless other
wise herein provided" F" y
Under the general classification, the
plaintiff alleges, San Francisco is county
of the first class, and so tne act must apply
here. The resolution adopted by the Eiec-
ton Commissioners is declared to be con-
trary to law, in that the recent act pro-
vides for a term of four years and the
officers now in power are only in two years.
Unless restrained, it is claimed, much
money will be wasted, as the expenses will
amount to not less than $4,000 The com.
plant concludes with the following prayer
Wherefore, plaintiff prays judgment that the
defendants be perpetually enjoined and re-
strained from approPriating money from the
funds Of the City and County OF San Francisco
for the purpose of procuring and holding an
election in the month OF November, 1896 to
fill the offices hereinabove referred to- or
from holding any election for the offices pro-
yided by law for the said City and County of
San Francisco other than is provided and di-
rected in and by the act of the Legislature
hereinabove referred to- and known as an act
TO establish q uniform system OF county and
township governments, approved March "a,
1895.
And that said defendants berestrained:by or
der of this court from doing any or either of
said acts during the pendency OF this action,
and for such other and further relief as may
be meet and equitable and the nature of the
case may require
And that the plaintiff may have and recover
OF the ue1enuants tne Gust OF prosecuting tnls
action.
Such a suit has been in contemplation
for long time. 1t Is an action in the
same category as the feel bill suits, in that
it involves the application of general
county laws to San Francisco, which is a
city and county. A Judgment will be rem
dered without delay in the Superior Court,
and it will come before the Supreme Court
during the July term, if not sooner.
Each salmon. if is estim a ted produces