Gett
Gett v. Board of Supervisors
Opinion
Lead Opinion
Beatty, J.
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be sustained that the classes referred to in said section 26 are those defined in section 4006 of the Political Code as originally enacted, which reads as follows:
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 *368 present constitution. By the act of March 14, 1888, entitled “An act to establish a uniform system of county and township government ” (Stats. 1883, p. 299), the whole law upon this subject was revised and the old law in most respects superseded.…