California Press Ass'n v. Tribune Publishing Co.

This is a proceeding instituted under section 4458 et seq. of the Political Code, to have the “Palo Alto Tribune” declared and adjudged a newspaper of general circulation, and entitled to print public or legal notices.

The only allegation of the petition material in this appeal shows that the said newspaper was printed and published in Palo Alto at regular weekly intervals from March 16, 1906, down to and including October 1, 1908, and that from raid last-mentioned date down to the commencement of this proceeding, it was printed and published in said place at regular daily intervals.

Section 4462 of said code authorizes anyone to appear and contest such a petition; and the contestant here, on behalf of the California Press Association (an organization of newspapers of general circulation), interposed a general demurrer to the petition and contested the same on the ground that the “Palo Alto Tribune” was not a newspaper of general circulation as defined by section 4460 of the Political Code, in that it had not been published for regular intervals for one year. This demurrer was overruled, and upon final hearing the prayer of the petition was granted.

Section 4460 defines a…