The record-union., 1899-02-11

closed therein the nominations TO OF
flee certified to him, as aforesaid, and
cause the same to sbe mailed in the
manner and within the time as above
provided The Clerk or the Secretary
Of the legislative body Of any incor-
porated city or town with whom the
names of any candidates have been
filed, shall mail, in the United States
Postof1ce, envelopes addressed to each
voter, together with the sample ballots
inclosed therein, the list of nominations
filed with him, in the same manner as
the lists of nominations mailed by the
County Clerk as provided in this Sec
tion.''
''Se:tion 1195-Whenever a proposed
Constitutional amendment or other
question Is to be submitted to the peo-
pie of the State for the popular vote,
the Secretary of State shall duly, and
not less than twenty-five days before
election, certify the same to the Clerk
of each county of the State; and the
Clerk Of each county shall include the
same in publication provided for in
section one thousand one hundred and
ninety-four of this CODE
At the time Section 1885 was amend
now, referred to Section 1854 "as
extenso;" and then the language of
Section 1874 was as follows:
Section 1194-At least ten days be-
fore an election to fill any public of
fice the County Clerk of each county
shall cause to be published, in at least
two newspapers of general circulation
within the county, the nominations to
Office certified to him by the Secretary
of State, and also all those filed with
the County Clerk. He shall make not
less than two such publicati tions in each
of such newspapers before election day,
one of SUCH publications being made
upon the last day upon which such
newspaper is issued before the day. of
election. The list of nominations pub
lished by the County Clerks of the re-
spective counties shall be arranged i'll
the order and form in which they will
be printed upon the ballot. The Clerk
or the Secretary of the legislative body
of any incorporated city or town with
whom the names of any candidates
have been filed, shall publish in the
same manner the lists of nominations
filed with him; but where only one
| newspaper is printed in any county.
city, or town, then publication in such
newspaper shall be deemed sufficient
and where no newspaper is printed in
such county, city or town, publication
/ shall be made through any newspaper
designated by the Board of Supervisors
of said county, or the legislative body
of such city or town, and by posting
copies of the ballot in three of the
most public places in such county, city,
or town, not less than ten days before
| the day of election"
In this connection, perhaps, it would
not be aniss to bear in mind the rule
of statutory construction laid down in
People VS.. Whipple, AZ Cal, 592. and in
MANY other cases. as we'll as those
principles of law carried into various
provisions of our Codes.
The acts of my predecessor author
izing the publications took place in
1893, when, as now, Sections 1194 and
1195 were in force.
| I have examined several of the larg-
est of these claims presented, and find
them, with one exception, very ex-
cessive.
| know of no provisions of the law by
which any Of these claimants can be
protected in any fair and honest de-
mands which may be presented
/ therefore submit these claims to
your honorable body for such fair and
equitable adjustment as they may re-
spectively require.
I respectfully suggest that if appro-
priatfons be made. that they should be
incorporated in separate bills
| HENRY T. GAGE,
| Governor Of the State of California.