People v. Town of Sausalito

This is a proceeding brought in the name of the people to have it decreed that the town of Sausalito is not a duly organized municipal corporation, etc. Judgment went for the defendants, and plaintiff appeals.

It is contended by appellant that the board of supervisors of Marin county did not “ canvass the votes” given at the election called to determine whether or not the town should be incorporated, because said board did not have before it the ballots deposited at said election, and did not count the same, but merely canvassed the “ returns.” (Stats. 1883, p. 93.) This position is not tenable. To canvass the votes does not necessarily mean to count the ballots; and to give it the latter meaning would be to defeat the entire purpose of the statute, for it provides that the election shall be con *502 ducted “ in accordance with the general election laws of the state,” and as the ballots were returned to the county clerk the board could not get possession of them, and, therefore, could not have counted them. To “ canvass the returns” and to “canvass the votes” are frequently used in statutes and judicial opinions synonymously; and in the case at bar the words used should be held…