The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-08-25
COUNSEL JOHNSON'S OPINION
THE STRATTON LAW GOVERNS
PRIMARY ELECTIONS.
He Quotes From the Different Sec
tions of the Statute in Support
of His Opinion.

| The Board of Trustees on Monday
night received from Corporation Coun-
sci Johnson an opinion as to whether
| the primary elections this fall must
be held under the Stratton law or not,
which opinion is given below
| There was some doubt in the minds
/ of one or two of the members as TO
whether the law became operative be-
fore 1898 or not. in spite of the fact
that the law itself declares it shall go
into effect Immediately, and the Mayor
had been requested to ask the opin-
ion of the Attorney General about it.
A communication was received from
the AttOrney-Gene office saying
| that an opinion would be rendered as
soon as possible. Mr. Johnson's opinion
| is as follows:
Board of Trustees of the city of Sac
ramento- In response to
your query as to whether or not the
general primary election law adopted
by the last Legislature is applicable
to our city, I have to say:
In my opinion the law is now in force,
and is applicable to the city of Sacra-
mento.
The Act in question was approved
March Is, 1897, and by Section 43
thereof the Act is made to take effect
Immediately. 1t went into operation
at once. Section l provides: "All pri-
mary elections held within this State
for the nomination of any candidate
for a. State or district office, member
of Congress, members of the Legisla-
ture. city and county, city, county or
town officers, or for the election of del
egates to a convention for the purpose
of making such nominations, shall be
held under the provisions of this Act"
We see, therefore, that the Act brings
within its scope primary elections for
the nomination of city officers, or for
delegates to conventions to nominate
city officers.
Section of the Act provides: "All
primary elections shall be held in this
State at the times hereinafter specified,
and not otherwise The section then
preScribeS the time of holding pri-
mary elections just prior to general
elections and then provides: 'It shall
be the duty of the Board of Election
Commissioners of each respective coun-
ty or city and county by resolution,
to prescribe and designate a day or
days upon which a primary election, or
primary elections, for delegates to a
county or city and county, or city or
other local convention, for the pur-
pose of nominating county or city and
county, or city. or other local officers"
OF course, in our local government we
have no Board of Election Commits
sioneTs. but this matter is specifically
referred to by Section 81 of the Act,
fo1 in, aitu
city and county there shall not be by
law any Board of Election Commits
sioners then all duties enjoined herein
upon the Board of Election Commits
sioners shall be enjoined upon and per-
formed by the Common Council or
Trustees of a city, etc, and all duties
enjoined upon the Clerk of a Board
of Election Commissioners when there
is no such board in any city or coun-
" are enioined upon and shall be per-
formed by the Clerk of city, etc, as
fully and with equal force and erect
as if specifically set forth in TINS
Act"
My conclusions are as follows: The
Act was approved by the Governor
March 10, 1897, and then became law
of this State. 1t is in express terms
made applicable to the cities of Cal
ifornia, and, of course, therefore, to our
own. All primary elections, after the
approval of the Act, must be held I'M
der it, and in accordance with its terms,
and it went into force and took effect
Immediately. I am, therefore, Of the
opinion that primaries for the coming
election should be called and held un-
der this law. Respectfully submit
ted, HIRAM w. JOHNSON.
Dated, Santa Cruz, Aug. IA, 1891