Knowles v. Yeates

Citations

• 31 Cal. 82

Syllabus

<p>Appeal in Contested Election Cases.—The Constitution gives the Supreme Court jurisdiction on appeal from judgments rendered in contested election cases in the County Courts.</p> <p>Case Affirmed.—Gonant v. Gonant, 10 Cal. 252, affirmed.</p> <p>Contemporaneous Exposition of a Provision of the Constitution.—Judicial interpretation of the meaning and effect of a provision of the Constitution, made near the time of its adoption, is strong evidence that the people in adopting it understood and intended it to be as interpreted.</p> <p>Interpretation of a Law.—The reason and intention of the lawgiver will control the strict letter of the law in interpreting the same, when to adhere to the strict letter would lead to palpable injustice, contradiction or absurdity.</p> <p>Malconduot of Officers of Election.—If the persons acting as the Inspector and Judges of an election open the polls and hold the election at a place far distant from that appointed by the Board of Supervisors for holding the election, it amounts to malconduct in the sense of the statute concerning elections.</p> <p>Adherence to Election Laws.—Courts should so far adhere to the substantial requirements of the law in relation to elections as to preserve them from abuses subversive of the inherent and constitutional rights of the people.</p> <p>Election must be ¿eld at Place appointed.—If the Inspector and Judges of an election open the polls and hold the same at a place not authorized by the Board of Supervisors, and at a distance from the place appointed by the Board of Supervisors for holding the same, without any excuse therefor, the election is invalid, and the votes there cast should be rejected and disallowed.</p>