Barton v. Kalloch

Thornton, J.: The question presented for decision in this case is, whether an election of the officers of the City and County of San Francisco is required by laxv to be held in the year 1880. If such election is required, the writ must be alloxved, secus if not. It is contended that the statute law requires such election; that if not so required by the statutes on the subject, it is by the proxdsions of the Constitution. These contentions will be considered in the order stated. By the first section of the act of the legislature, approved April 2nd, 1866 (Stats, of 1865—6, 718), it was provided as follows: “There shall be elected hereafter for the City and County of San Francisco, by the qualified electors thereof, at the times herein after mentioned, and in the manner prescribed by law for the election of State and county officers, one mayor, xvho shall be ex-officio president of the board of supervisors, a county judge, police judge, an attorney and counselor, probate judge, district attorney, sheriff, county clerk, recorder, treasurer, auditor, tax collector, assessor-, coroner, public administrator, surveyor, superintendent of common schools, sujrerintcndent of public streets highways and squares, chief of police, harbor master, and State harbor commissioner.” The third, fourth, and fifth sections of the act are as follows : Section 3. “ All elections for city and county officers, except as provided in § 2 of this act, shall be held in said city and county on the days prescribed by law for holding the general elections throughout the State, except in the years xvhen no general election is provided for by laxv, xvhen elections for city and county officers shall be held on the first Wednesday of September of said years.” (§ 2 refers to county judge, probate judge,' and police judge, who are to be elected at the special judicial elec[97]tions.) Section 4. “At the first election held under this act, on the first Wednesday in September, 1866, and at the election held every second year thereafter, there shall be elected an attorney and counselor for said city and county, an auditor, a tax collector, a public administrator, a superintendent of public streets highways and squares, a chief of police, and in each of the first, third, fifth, seventh, ninth, and eleventh wards, one supervisor and one school director, who shall hold their offices for the term of two years from and after the first Monday of December subsequent to their election, and until their successors are elected and qualified.” Section 5. “ At the second election held under this act, on the day of the general election held in the year 1867, and at the election held every second year thereafter, there shall be elected a mayor, who shall be ex-officio president of the board of supervisors, a district attorney, a sheriff, a county clerk, a recorder, a treasurer, an assessor, a coroner, a surveyor, a superintendent of common schools, a harbor master, and in each of the second, fourth, sixth, eighth, tenth, and twelfth wards, one supervisor and one school director, who shall hold their offices for the term of two years from and after the first Monday of December subsequent to their election, and until their successors are elected and qualified.”