DocketNumber: S. F. No. 381
Citation Numbers: 111 Cal. 366
Judges: Beatty
Filed Date: 2/25/1896
Status: Precedential
Modified Date: 1/12/2023
J.—This is an original proceeding in which the petitioner asks a writ of mandate to the supervisors of Sacramento county, commanding them to perform the duties imposed upon election commissioners and boards of supervisors, by the act of March 27, 1895 (Stats. 1895, p. 207), relating to primary elections.
The act, by its express terms, is restricted to counties of the first and second classes (Stats. 1895, sec. 26, p. 218), and, consequently, has no application to Sacramento county, or any other, "except the city and county of San Francisco and the county of Los Angeles, unless the contention of petitioner can be sustained that the classes referred to in said section 26 are those defined in section 4006 of the Political Code as originally enacted, which reads as follows:
“ Sec. 4006. For purposes other than roads and highways the counties of this state are classified as follows: 1. Those containing twenty thousand inhabitants or over constitute the first class; 2. Those containing eight thousand and under twenty thousand inhabitants constitute the second class; and 3. Those containing less than eight thousand inhabitants constitute the third class.”
This section was a part of title II of part IV of the Political Code relating to the government of counties as the same was regulated prior to the adoption of the
Writ denied and proceeding dismissed.
McFarland, J., Harrison, J., Garoutte, J., Van Fleet, J., Temple, J., and Henshaw, J., concurred.