Page v. Board of Supervisors

Fox, J. On the second day of July, 1888, a petition was presented to the board of supervisors of Los Angeles County, asking that certain territory be incorporated into a municipality, to be known as the city of Alhambra, in pursuance with the provisions of the municipal incorporation act. (Stats. 1883, p. 93.) The petition described the proposed boundaries of the corporation, stated that the population within those boundaries was about 850, and was signed by 106 persons claiming to be residents and electors within said territory. It was accompanied with proper proof of publication thereof, with the names of the signers, and of intention to present it at that time. The matter came on for hearing on the 7th of July, when a protest was filed regarding the establishment of the boundaries as described in the petition, and after some general discussion as to the boundaries, and the [52]examination of witnesses as to population, the board having ascertained that the population of the district as they seem to have agreed to bound it was in excess of five hundred, a resolution was adopted, giving notice of an election, submitting to the qualified voters within certain boundaries described in the resolution, but differing somewhat from those given in the petition, the question of whether or not they should become incorporated, and for the election of the officers thereof. The notice was in due and proper form, fixing the day of election for the 27th of July, and was duly published.

Nothing was put upon the minutes of the board showing the result of its deliberations, the judgment or conclusion at which it had arrived, on the question of the sufficiency of the petition or the notice, of the sufficiency of the number of its signers, or of their residence and competency to sign, or of its determination as to the boundaries, except the recitals as found in the resolution or order calling the election; and these make no reference to the petition, or the sufficiency thereof, the notice given of the application, the number, residence, or competency of the signers. In fact, so far as the minutes of the board show, there was no investigation as to whether the signers, or any of them, were residents or electors within the boundaries of the proposed municipality, as described in the notice of election.

Notice of the election was duly published, and at the appointed time the election was held, and the returns thereof duly certified and returned to the board as required by law. The board met at the time fixed by law for the canvassing of such returns, but then and ever since refused to canvass said returns or take any further proceedings in the matter.