Staude v. Board of Election Commissioners

Citations

• 61 Cal. 313
• 1882 Cal. LEXIS 605

Syllabus

<p>Municipal Cobfobations—Elections—Habtson Act—Constitutional Law.—By the Act of March 7, 1881, amending Section 4109, Political Code (commonly known as the “Hartson Act”), an election of the elective officers of the City and County of San Francisco is required to be held at the general election, to occur in November of the present year.</p> <p>Id.—Id.—Id.—Id.—(Ross and Thornton, JJ., and Morrison, C. J.) The Constitution gives to all cities, and cities and counties, and towns, the right to organize under a general Act of incorporation, which the Legislature was directed to pass, or to continuo their existence under their existing charters, as they might elect; but provided that whichever course should be pursued, they should be subject to and controlled by such general laws as the Legislature might enact, other than those for the “incorporation, organization, and classification” of cities and towns; and such a law is the Hartson Act, which simply provides for a uniform system of elections for the elective city and county and township officers in the State, on the even-numbered years, commencing in the year 1882.</p> <p>Id.—Id.—Id.—Id.—(Myriok, J., concurring.)—It was intended by the Constitution, that all elections for all persons to be elected to office by the people are to be held in November of the even numbered years; and that this should be the uniform rule throughout the State, including the City and County of San Francisco.</p> <p>Id.—Id. —Id. —Id.—(Sharpstein and McKinstry, JJ., dissenting.)—The Hartson Act was not intended to amend or repeal the provisions of the Act of incorporation of the City and County of San Francisco, which fixed the times of holding elections of officers of said city and county, and if so construed would be unconstitutional. When the Constitution declares that cities organized before its adoption, shall be subject to and controlled by the general laws, it means as to matters not specially provided in charters which existed at the d