Sanchez v. Fordyce

COOPER, C.—

Election contest. Prior to the general election held in November, 1902, the Democratic and Republican parties each nominated two candidates for the office of constable of Ventura Township in Ventura County, and the board of supervisors issued an election proclamation calling for the election of two constables for said township.

Respondent was nominated by petition. In the contest the ballots were recounted, and the court found that respondent received the greatest number of legal votes, and judgment was accordingly entered in his favor. The court refused to count any ballot cast on which more than one person’s name appeared for the said office of constable.

Appellants state that the record presents two questions of law which they ask to have decided,—1. Was the township entitled to elect two constables

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and 2. If the township was not entitled to two constables, was there any valid election

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It is provided in the County Government Act of 1901 (see. 56, Stats. 1901, p. 686) that “in townships having a population less than six thousand there shall be but one justice of the peace and one constable.”

The undisputed evidence shows that Ventura Township contained at the time of said election less than four thousand population. Appellants do not controvert the fact that the County Government Act, if valid, gives only one constable to said township, but they claim that the said act is void because it was amendatory of the act of 1897 and was not republished as amended. The amended sections of the act were republished as amended, and this was a compliance with section 24 of article IV of the constitution. The act was held constitutional in the late case of

Beach

v.

Von Detten,

139 Cal. 462, followed in

Rea v.Von Detten

(73 Pac. 1131), and

[429]

Davidson