Wood v. Board of Election Commissioners

Citations

• 58 Cal. 561
• 1881 Cal. LEXIS 268

Syllabus

<p>San Francisco—Construction of Statute.—The City and County of San Francisco is a continuation of the municipal corporation known as the City of San Francisco.</p> <p>Id.-—Id.—Municipal Corporations.—Statutes of a general nature do not repeal by implication charters and special acts passed for the benefit of particular municipalities.</p> <p>Held, accordingly, That the act of April 2d, 1866, as amended March 7 th, 1872, fixing the time for holding municipal elections in San Francisco, is not repealed by the amendment of March 7th, 1881, to the Political Code.</p> <p>Id.—Id.—Id.—Amendments to the Political Code do not affect the acts or amendments to the acts enumerated in section 19 of said code.</p> <p>Id.-—Id.—Id.—Constitutional Law.—The Constitution of 1879 does not repeal the said special acts fixing the time for municipal elections in San Francisco.</p> <p>Id.—Id.—Id.—Id.—With the exception of Police Judge, Chief of Police, and Assessor, all of the elective officers of San Francisco must be elected at the time fixed by the acts of April 2d, 1866, and March 30th, 1872. Id.—Id.—Id.—Id.—Ross, J., concurring, was of opinion that the act of May 7th, 1881, can not operate to postpone the elections provided for in the acts of April 2d, 1866, and March 30th, 1872, because such operation would extend the terms of municipal officers, and therein violate section 9, article xi of the Constitution; but that the act of May 7th, 1881, applies to the City and County of San Francisco, and that its operation in providing for a municipal election in 1882 is constitutional and valid.</p> <p>Id.—Id.—Id.—Id.—Myrick, J., and McKee, J., dissenting, were of the opinion that no election could be held in San Francisco until the first Tuesday after the first Monday in November, 1882.</p>