Los Angeles herald., 1909-08-11
CITY SCHOOL
BONDS VALID
JUDGE BLEDS0E SETTLES A
LONG CONTROVERSY
DECLARES MONEY VOTED BY CIT
IzENs MUST BE PAID
Trifllng Irregularities Alleged to Have
Taken Place at Polls Are Elimi-
mated by San Bernardino
Jurist
tContInued from Pare one,


ing of the demurrers intcrposed to the
complaint in each case.
After a very careful examination
and consideration of the facts adduced
in evidence and the authorities appli-
cable thereto, l am constrained to hold
that nothing has been shown either as
a matter of fact or of law sufficient to
authorize me to hold either issue of
bonds invalid. AS to the election which
was held, it may be said that it was
held according to and in compliance
with the statutes applicable thereto.
"All of the objections urged in sup
port of the invalidity and illegality of
the elections in these cases relate to
the form of ballots and manner of vot-
ing, and the claim was made and in
sisted upon that the general election
law was not followed. AS I observed
in the opinion ruling upon demurrer in
these cases, it was patent that 1T was
the intention of the legislature that
different rule in regard to the conduct
of elections should prevail in school
elections from that in municipal and
state elections, and it suffices to say in
these cases that the law as applicable
to elections in school districts was COM
piled with in every substantial par
ticular.
mo iIle9dl NoIlH9 OHOWil
I'm these cases there was no showing
and TO suggestion of any illegal voting.
There was no showing of any intimi-
dation of voters; no suggestion of the
inclusion of any votes that ought not
to have been received or the exclusion
of any votes that ought to have been
received.
"There were in few instances, of
course, minor departures from the
strict letter of the law, and such as
occasionally gave rise TO criticisms of
a more or less emphatic nature on the
part of voters and others. None OF
these violations of the law, however,
sufficed, in the mind of the court, to
establish the fact that fraud was either
attempted or actually perpetrated, and
none of them were shown to have in
huenced the result in any substantial
degree. and looking at the whole case
l cannot feel otherwise than that no
substantial right of any individual or of
the cummunity was in anywise in
fringed upon in any manner in the
holding of either of these elections.
There was no showing, as is alleged
in the complaint, that each elector was
compelled to mark his ballot in the
presence and full view of the board
of elections and bystanders, and no
showing that no means were provided
at said elections to secure or preserve
secrecy in voting thereat. On the con-
trary, it was shown that in every in
stance the voter could, If he so desired,
mark his ballot in secret and without
anyone being cognizant of the manner
in which he was voting and that sub
stantial secrecy was preserved.
Minor Infractions Admitted
"It is true that owing to the zeal
and excess of enthusiasm of some of
those in support of the bonds as we'll
perhaps as some of those opposing
them, minor infractions of the law as
laid down for such government of
general elections were encountered.
Such infractions, however, served in
no wise to change the result and should
not now be PERMITTED to set aside the
will of the whole people as deliberate
ly expressed by their ballots.
IT am constrained to hold that there
was created by implication of law
under the statutes as they stood in
1905 out of the Los Angeles school
district, the Los Angeles high school
district, which last named entity is a
corporation distinct from the Los An
geles school district and authorized
under the law, as then and at present