Smith v. Board of Trustees of Barnes City

[303]

FINLAYSON, J.,

pro term.

— This is a proceeding in

mandamus

brought by an elector of Barnes City to compel respondents to call and provide for the holding of an election of city officers on the second Monday in April, 1926.

On February 13, 1926, pursuant to a special election held on the third day of that month (hereinafter referred to as the incorporation election), Barnes City was incorporated as a city of the sixth class under the provisions of sections 1 to 3, inclusive, of the Municipal Corporation Act (Stats. 1883, p. 93). The respondent Trustees and the other elective officers enumerated in section 852 of the act were elected at the incorporation election and are now acting as such officers. Petitioner has demanded that the respondent Trustees call a general municipal election to be held on the second Monday in April, next, for the choice of successors to themselves and to the other elective officers of the municipality. Respondents neglected to comply with this demand, and, therefore, this proceeding was initiated. The case turns upon the construction to be placed upon

&

certain provision in section 3 as amended in 1923. All the parties to the proceeding seem to be animated solely by a desire to secure an authoritative construction of the statutory provision in question.

Prior to its amendment in 1923, section 3 of the Municipal Corporation Act provided that the officers chosen at the incorporation election should hold their respective offices “only until the next general municipal election to be held in such city or town, and until their successors are elected and qualified.” In 1923 the legislature so amended the section that it now provides that the officers chosen at the incorporation election shall hold their respective offices “only until the next general municipal election to be held in such city or town,

or for such term, as shall be hereinafter provided for officers of cities of the class to which the same may belong,

and until their successors are elected and qualified.” (Stats. 1923, p. 103. We have italicized the new matter added by the amendment.)