Fostler v. Los Angeles

WILBUR, J.

This is an appeal by the plaintiffs, from a judgment on demurrer denying an injunction claimed by the plaintiffs to restrain the defendants from levying taxes and exercising jurisdiction within the certain annexed territory known as the Palms. The action was based upon alleged irregularities in the election. The statute under which the annexation election was held required that the notice should be published “At least once a week for a period of four successive weeks next preceding the date upon which the election is to be held. ’

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The notice was published May 2d, 9th, 16th, 23d, and 29th. The election was held June 1st. The notice was published once a week for five weeks and the last date of publication was within one week of the date of the election. This was sufficient. The case of

Williams

v.

Sacramento County,

58 Cal. 237, decides nothing to the contrary. That case was construed upon section 3447 of the Political Code requiring that a similar notice “be published for four weeks preceding ‘the hearing thereof.” There notice was published May 12th, 13th, 15th, 19th, 20th, 22d, 23d, 26th, 27th, and 28th, and June 4th and 12th. The hearing was June 17th. The court there stated that there were two intervals of more than seven consecutive days in the four weeks next preceding the day of the hearing in which there was no publication of the petition; referring, perhaps, to the intervals between May 27th and June 4th and between June 4th and 12th. It is perhaps assumed in that case that the publication should haye begun on the 20th, thus the next weekly publication is the 27th and the next should have been the 3d, and the next the 10th of June, the seventh day before the hearing. It is, however, immaterial how the court there arrived at its conclusion that there were two intervals of eight days. On any theory, there was an eight-day interval from the fourth to the twelfth days of June.

[265]

It is next contended that the notice failed to set out with sufficient detail the purpose of the various bonds issued which were to be assumed by the voters in the annexed territory. The reference thereto is contained in the notice and in the figures following, to wit: