Atherton v. Board of Supervisors of San Mateo Couty

By the Court, Wallace, C. J.: It appears by the petition for the writ of certiorari, and the return to the writ, that, in the year 1873, an election was held (under the provisions of the Political Code concerning the removal of county seats by popular elections to be Tield for that purpose,) but that, at such election, Redwood City, the place at which the county seat of San Mateo County was then already fixed by law, obtained a majority of all the votes cast, and thereupon the Board of Supervisors gave public notice of the fact as required by law. It further appears that in the present month of May another popular election for the same purpose as the first had been ordered by the Board, to be liolden in the month of J une next, and that the order was made upon the presentation [158]to the Board of a petition signed by qualified electors of the county of San Mateo, equal in number to one third of all the votes cast in the county at the last general election. It is now claimed by th'e petitioner, that, in making this order the Board exceeded its jurisdiction, and that its proceedings in that behalf should be annulled.

The Political Code, (Sec. 3,976 et seq.,) provides that whenever the inhabitants of any county of the State desire to remove the county seat of the county from the place where it is fixed by law, they may present a petition to the Board of Supervisors of the county, praying such removal, and that an election be held to determine to what place such removal be made.

If the petition so presented be signed by qualified electors of the county equal in number to at least one third of all the votes cast in the county at the last preceding general election, it is made the duty of the Board to order that the election be held. Other provisions of the statute direct in detail the mode in which the election is to be conducted, and provide that when its result has been ascertained by the Board, if it appear that a majority of all the votes cast are in favor of any particular place, the Board must give public notice of the result, in which notice they shall designate the place so selected to be the county seat, and must declare it to be such from and after a day to be specified in the notice; and it is further provided that from and after the day named in the notice, the place therein designated shall be the county seat of the county.

It is to be observed that the provision is, whenever the inhabitants desire a removal of the county seat, a petition of the prescribed character may be presented, and. the required order for the election be made.