Los Angeles herald., 1909-04-22
Court Suatains Validity

court SuStdInS NdhoitJ
In concluding his opinion Judge Bled-
soc says he is unable to reach any other
conclusion but that the elections were
properly held and conducted, and that
the school bonds voted at the elections
will be valid.
The proceedings having for their pur-
pose the defeat of the objects sought
to be secured at the elections in Janu-
airy were instituted in the form OF IN
junction suits to prevent bonds being
issued under the authority of the board
of education and of various county Of
ficers, including the board of supervis-
ors, and asking the court to declare the
bonds proposed to be issued to be
illegal.
The supervisors, represented by Hart
ley Shaw, chief deputy district attor~
ney; the city. represented by Emmett
Wilson, assistant city attorney. and the
board of education, represented by Jo-
seph Scott. filed demurrer to the COM
plants, the subsequent arguments oc-
cupying several days.
In rendering his decision Judge Bled-
soc takes up and disposes one by one
of the contentious OF Attorneys William
M. Hiatt and Edward M. Selby, counsel
for Spencer.
a The first contention was that the no.
tice of election was void because 1t
stated more than one purpose for which
the money received from the sale of the
bonds was to be used, the plaintiffs
counsel claiming only one purpose
should be stated.
Need of Schools Vital Point
In disposing of this contention Judge
Bledsoe says that all of the purposes
mentioned in the call. though mention
ing several different purposes In terms.
In effect are confined to and relate to
but one substantive and distinct purpose
the providing of additional school
facilities for the respective districts.
at occurs to me-" the court continues,
that the statement OF purposes as con-
tained in the present calls for the cleo
tions herein under consideration, were
within the terms of the statute and
were sufficiently definite to enable the
voter to express his appreciation or his
dsapprobation of the single matter
presented to him for consideration,
which was the acquisition of additional
facilities for the schools"
In reference to the point on which
counsel for Spencer laid the greatest
stress, concerning the manner in which
the election was held Judge Bledsoe in
response to the contention that the gen.
eral election law should have been fol-
lowed, says:
Shows General Custom
''It has been, apprehend, the most
universal practice of the school author
ities of the state of California to call
and hold elections in school districts in
the manner in which the elections un
der consideration herein were called
and held. The fact that municipal or
state elections are held and conducted
differently does not detract from the
validity of the elections held herein. If
they are held as school elections, pur-
suant to the law governing such school
elections, they are valid, provisions to
the contrary with respect to other cleo
tions Notwithstanding
Judge Bledsoe says he can discover
no irregularity for cause for complaint
when an opportunity was given to the
election officers to properly sign and
certify returns deficient in such partic-
ulars
The complaint that the election for
bonds in the common school districts
and the election for bonds in the high
school district were held at the same
time, and the votes received at the
same places, Judge Bledsoe disposes of
as follows:
"I can find. and there has been called
to my attention no provision of the law
which seems to inhibit such an occur
renee. On the other hand 1t seems to
have been the policy of the law that two
QllItItll tlCSlioiS, olult anu MUNICIPAL.
may be held at the same time and
place"
Concluding his opinion, Judge Bled-
soc says: II may say that from very
patient and careful study of the mat
ters involved in these cases and of the
law appertaining to them. I can dis
cover no essential or substantial vio-
lation or disregard of any of the pro-
visions of the law which are applicable
to the election in controversy herein.
1.-THE school law which / am con-
strained to hold is the controlling law
in these cases, seems to have been fol-
lowed, with the exception herein above
noted, and in the event that the con-
stitutional provision was not lost sight
Of I can come to no other conclusion
but that the elections were properly
held and conducted, and that the bond,
issue in pursuance thereof will be valid
and enforcible as against the respective
districts authorizing them"