The record-union., 1897-09-16


city, or by a County Clerk, as the case
may be, as fully and with equal force
and effect as if specifically set forth in
the Act
The provisions of the latter part of
Section provide that it shall be the
duty of the Board of Election Commits
sioners of each respective county, or
city and county, by resolution, to pre-
scribe and designate a day, or days,
upon which a primary election, or pri-
mary elections for delegates to a coun-
~, or city and county, or city, or other
local convention, for the purpose of
nominating county, or other local con-
yentiOn, and for the county, or. city and
county, or city, or other local officers,
may be held, and each of said boards
shall have the power to prescribe that
separate primary elections shall be
held for the election of delegates to a
city, or various city conventions,
for the nomination of city officers,
or may prescribe that both sets of del
egates shall be elected at the same pri-
mary election. Such resolution mus be
made by said board at least sixty days
prior to the day named by said board or
fixed by law for any election of any pub
lie officer. or officers, and notice there
of shall be published for at least five
successive days in one daily newspaper
of general circulation, published in the
county or city and county.
It will be thus observed that the Legis-
lature makes spec fic provision for calling
primary elections at such times as may
be necessary.
T-,-oy,o floc1 - eo,,.r,,s,<-1
that it was the intention of the Legis-
lature to make the Act applicable to all
elections, although the only times actu-
ally mentioned in the Act for holding
primary elections are the last Tuesday
of March in the years in which there
are Presidential elections, and on the
second Tuesday in July of each year in
which there are general State elections;
and it is clear that the Legislature had
in mind the diversity of times at which
municipal elections are held in this
State, and that il would be impossible
under present conditions to fix dates
that would be applicable to all munich
pal elections, and it must be conceded
that the Act is applicable to all munich
pal elections, and that the governing
body of the respective election districts
or political divisions are authorized to
fix time and provide for the details of
holding such primary election as in their
judgment would be most appropriate;
or that the Act is not applicable to mu-
nicipal elections at any time, or in any
year.
Section : constitutes the sole basis of
resistance on the part of the Election
('f,Y7 in 10 a
such resistance rests upon the following
language contained in that section:
During the month of January of
each year in which a general election is
to be held, it shall be the duty of the
Board of Election Commissioners Of
each county, or city and county, to Sc
lect from the precinct registers of the
county, or city, or city and county, the
names of not less than fifteen electors
residing in each election precinct of
such county, or city, or city and county,
such selection to be made from each of
the political parties then existing in as
nearly an equal proportion as practical
BILE, and to write the name 5f each per-
son so selected on a separate piece OF
paper, and to fold said paper so that the
name written thereon cannot be seen or
read without unfolding the same; and
when the names are so written and fold
ed, to put all of the names so selected
from each separate election precinct in
an envelope, then to close and securely
seal such envelope, and to writ the name
and number of the precinct from which
such selection was made on the outside
of such envelope, and when the names
50 selected from each election precinct
in such county, or city or city and coun-
ty, shall have been so placed in separate
precinct envelopes, and each sealed and
numbered so as to designate the pre-
cinct from which each selection was so
made, then all of the said envelopes so
marked and sealed shall be placed in a
box, to be provided by each Board of
Election Commissioners for that pur-
pose, and such box shall then be secure
ly locked and sealed and safely kept by
said Board of Election Commissioners
until required by them for use as here
ipafter provided. The names 50 selected
shall be forthwith recorded in a book for
that purpose by the Clerk of the Board
of Election Commissioners, which book
must be kept open at all times to public
inspection"
Section 6, following, contains the de-
tails of the manner in which the officers
are to be selected from the lists referred
to in Section >.
Observe the language of Section D:
During the month of January of
each year in which a general election is
to be held. it shall be the duty of the
Board of Election Commissioners of
each county, or city and county. to Sc
lect from the precinct registers of the
county. or city, or city and county, the
Names" etc.
This language confines such selection
to the years in which there are to be
general elections, and it must mean
general State elections, as there is no
such thing as general city elections, al
though it is true that the election i'm
pending in the case at bar might be
termed a general city election for the
city of Sacramento, because the election
of full set of officers is provided for;
but 1 take it that the meaning of the
words general election" has refer
ence TO the general election referred TO
in Section , of the Act, which means
the general State election. If that is
true. then the selection of names from
which to provide primary election Off
GERS in the month of January of such
years, can only have reference to the
selection of officers to hold primary
elections for the election of delegates
to the conventions specifically named
in Section ,, and good reason is Civ
en- in Section for the selection of such
names in the month OF January, ami
that is, that in Presidential election
years. the primary election IS on the
last Tuesday in March; and, therefore,
as the resolution providing for the pri-
mary election must be adopted more