Richardson v. Devlin & Judah Co.

This is a proceeding instituted under title Y, part IY, of the Political Code, to have the Santa Cruz “Evening News” declared a newspaper of general circulation and entitled to print official advertising.

The petition shows that said newspaper was established November 1, 1907; that it is printed and circulated in the city of Santa Cruz every day, Sundays and holidays excepted, and is devoted to the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers numbering over 1,500, and is not devoted to the interests of a particular class, profession, trade, calling, race or denomination. The petition was filed July 20, 1908, at which time said paper had not been published and established for a period of one year.

Section 4462 of said code authorizes anyone to appear and contest such a petition, and Friend W. Richardson, on behalf of the California Press Association, appeared and filed what was denominated a “demurrer and contest.” The demurrer was upon the ground that the petition does not state facts sufficient to constitute a cause of action, and that it does not set forth facts sufficient to…

I concur in the judgment of reversal. The sole and only authority for a proceeding of this kind is the Political Code (sections 4460, 4461 and 4462). Section 4462 provides that when a newspaper shall desire to have its standing as a newspaper of general circulation, as that term is defined in section 4460, ascertained and established, it may file a verified petition, and obtain a judgment of the court, by doing the things therein enumerated, to the effect that it is such paper. The petition does not show that the Santa Cruz “Evening News” is a newspaper of general circulation as that term is defined by section 4460 in this, that it does not allege nor show that said paper had been printed and published for one year prior to the time of filing the petition, but, on the contrary, it shows that the said newspaper had been established and published less than nine months at said time.

To entitle the petitioner to this special kind of judgment provided for by the sections of the code enumerated it must comply with the express conditions on which the judgment is authorized. It is elementary that statutory remedies must be strictly pursued, and cannot he extended to cases not named nor…