People v. Town of Berkeley

Citations

• 102 Cal. 298
• 36 P. 591
• 1894 Cal. LEXIS 638

Syllabus

<p>Municipal Incorporation Act—Reorganization of Chartered Municipality.—Under the provisions of the municipal incorporation act a municipality formerly existing under a special charter, can only be reorganized under that act in the manner and after a compliance with all the conditions therein prescribed.</p> <p>Id,—Petition by Electors—Jurisdiction of Board of Trustees— Condition Precedent to Election.—Unless the petition for the reorganization of a municipal corporation under the municipal corporation act is signed by the requisite number of electors the board of trustees has no jurisdiction to submit the question of reorganization to the electors, and they have no right to vote upon it.</p> <p>Id,—Petition With Detached Signatures.—Where two or more petitions identical in language are circulated and signed, and to make the required number of names the signatures on one or more petitions are cut off and pasted on to a single petition which is presented, and which petition, is signed by a less number of electors th vn is required by the statute, the board have no authority to order an election.</p> <p>Id.—Submission of Question of Reorganization—“General Election” —Municipal Election.—The provision for the submission of the question of the reorganization of a municipality at the “general election,” is satisfied by submitting the question at the election provided for by law for the election of municipal officers.</p> <p>Id.—“Majority of Electors Voting”—Constitutional Construction, The provision of the constitution requiring that a “majority of the electors voting at a general election” must determine the question of reorganization, imports that a majority of all the electors voting at the election is necessary to carry the proposition to reorganize, notwithstanding a majority of all the electors who vote upon the proposition to reorganize were in favor of it.</p>