The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-10-27

DaliOlS the Off1ceS to be Dallot6u IoT.
And the petitioner is not bound as far
as his case is concerned to go to them
for relief
l see it is approved March, 1859;
that is, of course, prior to the time
When the Australian ballot system
went into operation. Section llo1-
1t seems there had been some little
reason, some cause, for the board to
designate the offices to be filed. Since
1889 we have adopted a system OF
elections that has almost revolution
ICED the procedure of elections. We
have taken from the Boards of Super
visors some of their functions which
were theirs prior to that time. Many
OF the duties were transferred from the
Board of Supervisors to the County
Clerk. It is made his duty to prepare
the ballots and to designate the offices
on them to be voted for, while formerly
this was the duty of the Board Of Su-
pervisors. BY the Australian ballot law
1t is incumbent upon the County Clerk
to prepare the ballots, and renders that
portion that is commended was origin
ally done by the Board of Supervisors
nullity
Section 1199 which went into effect
March, 1896, says: 1.-THE County Clerk
of each county shall provide for the
election precinct in the county not less
than 100 general tickets" etc. He
shall provide the tickets. We have
Sections 1195-6-7-S all placing the du-
ties upon the, and making it incum-
bent upon the County Clerk to prepare
these ballots, and they are all subse-
quent to 1131. And as I said before,
Section 1871 of the Political Code ap-
proved March, 1889, and these other
sections, 1895 to 1899, inclusive, have
been passed since 1891 and sessions OF
the Legislature succeeding. therefore
the Clerk takes the place Of the Board
of Supervisors so far as preparing bal
lots and giving notice.
We now come to the last provision,
Sections 1889 and 1900. which has
been commented on by counsel quite
deliberately, which is as follows:
Whenever it shall appear by affidavit
that an error or omission has occurred
in the publication Of the name or de-
scriptioh of the candidates nominated
for Office or in the printing OF the
ballots, the Superior Court Of the coun-
ty, or Judge thereof, shall, upon appli-
cation by any elector by order, re-
quire the County Clerk to correct such
error, or to show cause why such error
should not be corrected" 1t seems TO
me that it is intended to cover just
such a case as is under consideration
by the court. When the time is snort
there must be some SUMMARY way TO
dispose of it, It was evidently adopted
for that purpose. He claims that there
is an omission, an error. First, there
is an omission to have his name en-
tered as a candidate for the office OF
Tax Collector; his name is left out en-
tirely; there is an omission giving ms
designation. Certainly, If his name Is
not on the ticket there is an omission.
He is entitled to have it placed there
for the nomination. The presumption
is, if there is an Office Of Tax Col
lector for this county, and it is not
there under the proper head, he has
the right to have it so placed. Under
that head his name Is being left off
Of the ticket That is certainly an
omission on the ticket, and this section
is intended to give him relief.
There may be error in printing Tax
Collector and Sheriff under the same
head.
AS I said before, the argument was
close. If the petitioner is entitled to
have his name upon the ticket, it is
time 1t should be placed there, other
wise irreparable injury will be done
which he cannot redress if the name
of the office is not voted for and he is
entitled to be on the ticket. If, on the
other hand, he is wrong and the office
of Sheriff covers the office of Tax Col
lector, then he has acquired nothing
by being on the ticket, for the man
that is elected Sheriff will be ex-officio
Tax Collector.
There is no question If the Sheriff
is ex-officio Tax Collector. If that con-
tention is correct, no harm will be done
to him, except perhaps little trouble
for litigation, as is usual in cases of
this character.
It seems to me that the demurrer In
this case should be overruled, and it is
so ordered.