Ruggles v. Board of Trustees

Citations

• 88 Cal. 430
• 26 P. 520
• 1891 Cal. LEXIS 708

Syllabus

<p>Municipal Incorporation Act — Construction—Limitation of Proviso — Cities of Fifth Class—Election of Trustees — Term of Office of First Board. — Section 752 of the general municipal incorporation act, approved March 13, 1883, providing for the election of officers of cities of the fifth class on the second Monday in April in each odd-numbered year, and that the members of the board of trustees are to hold for four years, and until their successors are elected, and containing a proviso that the first board of trustees “elected under the provisions of this act shall at their first meeting so classify themselves by lot as that three of their number shall go out of office at the expiration of two years, and two at the expiration of four years,” must be so construed as to be in harmony with section 4 of the act providing that the trustees elected at the first election are to hold only till the next municipal election, and until their successors are elected and qualified; and the words “this act,” in the proviso appended to section 752, must be read “this section” or “this chapter,” to accord with the evident intention o£ the legislature, and to reconcile the conflict.</p>