The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-12
TT WILL TAKE
Hold TN '98
The New Law on Elections
to Operate in Janu-
airy.
A Very Important Opinion
Rendered by Attorney-Gen-
eral Fitzgerald.
officials of Several Large Oountiez
and Municipalities Deeply
Interested,

Attorney General v. T. Fitzgerald has
rendered very important opinion rela-
tive to the holding of elections this year.
1t Is particularly important at the pres
ent time in view of the fact that this year
ferent places in the State, and the ques-
ton was whether such elections and the
selection of the Election Commissioners
should be under the old law or under the
law passed by the late Legislature. The
opinion has particular bearing upon this
City and Sacramento, besides one or two
other cities where elections will be held
this year.
The Attorney Generals opinion was
given l.! response TO an inquiry by Mayor
Hubbard of Sacramento, and the answer
is here given in full:
SAN FRANCISCO, Sept. 10, 1897.
Hon. c. II. Hubbard, Mayor of the City of Sac
rdmeRto, Sacramento CdL-DEAR SIR: In reply
10 your letter of recent date requesting my
opinion as TO whether or not primary cleo
tons held prior to 1898 should be held under
the act providing for general primary cleo.
lions, approved March 13, 1897 i am of the opin-
ion that said act is not operative before Janu-
airy, 1898, and does not govern primary cleo
tions he'd prior to that time Section 1 OF
said act (Stats. 1897, p. 115), provides:
All primary elections held within this State FOL
the nomination of any candidate for state OF
district Office city : town ofi-
GERS, or for the election of delegates to conven.
ii, for the purpose of making such nomination
shall be held under the provisions OF this act.
Sec ton of said act provides:
That during the month of January OF each year
in which general election is 10 be held 1t shall be
the duty os the Board of Election Com issioners
of each county TO select from the precinct regis
ters OF the county or city, the names OF not less
than fifteen electors, from which the primary cleo
ton officers shall be chosen when the occasion to
appoint such officers occurs
No other provision is made in the statute for
the appoin tment OF such officers.
This act was passed in March, 1897, end as
the first requisite to hold primary elections
under said act is the selection in January OF
the names from which the election officers are
10 be chosen IL is impossible to put the act in
operation before January of next year, unless
the time fixed Tor selecting the election officers
is merely directory.
1t is held by our courts that: 'The general
rule IN the construction OF statutes relating to
the performance OF a public duty which does
not affect any private rights or interests, but
concerns the public alone. is that the ian
guage OF the statute although imperative i'll
terms must be regarded as directory rather
than mandatory. The intention of the Legis-
lature is o be gathered from the manifest pur-
pose of the statute itself, and also from con-
siacraiion OF all its provisions" Board OF
Education vs. Trustees SO CAL. p. 451.)
The above rule OF construction Is subject,
however, 10 the further rule that although
sta tutes which fix the time within which of
fetal acts are to be performed are often held