Gibson v. Board of Supervisors

Citations

• 80 Cal. 359
• 22 P. 225
• 1889 Cal. LEXIS 918

Syllabus

<p>Election Contest—Ballots — Evidence—Power of Court to Order Ballots Produced. —In a contest over the result of an election, the ballots are competent and material evidence of a very high order. The court may order the clerk to produce the ballots in any contest about an election which may be contested in the court, whether such election be for officers or for any other purpose.</p> <p>Id. — Ballots for Bridge Bonds. —Ballots printed for or against the issue of bonds of a county for the construction of bridges need not have the words “Yes” or “No ” printed upon them. It is sufficient if the ballots are printed “Por the issue of bonds,” or “ Against the issue of bonds.”</p> <p>Id.—Contest of Election for County Bonds — Equity Jurisdiction — Constitutional Law__Since section 18, article 11, of the state constitution regulates elections to determine the policy of creating a bonded indebtedness for a county, and no machinery is provided by law for enforcing the provisions of that section, the constitution by necessary implication confers upon the court of chancery jurisdiction to protect and enforce the will of the people by suitable and proper procedure.</p> <p>Id. —Parties — Suit by Tax-fayer. —A tax-payer is a proper party plaintiff in an equity suit, either to restrain any illegal action which would increase the burden of taxation, or to prevent an untrue official declaration of the result of an election on a proposition to issue bonds, and to have the true declaration made, whether the result of the election be for or against the issuance of the bonds.</p>