People v. Brenham

Citations

• 3 Cal. 477

Syllabus

<p>The act to re-incorporate the City of San Francisco, passed the 15th April, 1851, provides, that the first election for city officers should be held on the fourth Monday of April, 1851; and thereafter annually at the general election for State officers. The general election was appointed by law to be held on the first Monday in September of each year. At the first election for city officers, held on the fourth Monday of April, as above directed, the respondent was elected mayor of the city, was qualified, and was in the exercise of the functions of his office. At the general election held on the first Monday of September following, the relator received 1101 votes for mayor (the whole number given), was qualified, and claimed the office of the respondent on the 24th of the same month. No notice of the latter election was given, or other measure pursued, by the city council, under the 4th section of the 2d article of the charter. The respondent refused to surrender the office, and the relator filed this bill asserting his right to it, &c.</p> <p>Held, that the election of the relator was valid, and that the means of bringing about the election and the irregularities therein should be disregarded.</p> <p>It is not important to interpret the literal meaning of the word annually or the word or, as used in the city charter of 1851, respecting the election of municipal officers ; the actual and substantial intention of the legislature is to be sought after.</p> <p>The best rule of interpretation of the statute in question, is to follow the established policy of the government from its origin, which is, to make elective all officers of the state, counties, and cities, at the shortest period which the convenience of the public will permit.</p> <p>Official terms should not be extended beyond the time clearly defined, but rather shortened by implication, if necessary.</p>