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8 686. DEPARTMENT OF PUBLIC ACCOUNTING. SUPERINTEND. ENT, ETC. There is hereby established in connection with and under the supervision of the state board of control a department of public accounting. The board shall appoint a superintendent of accounts at an annual salary of three thousand six hundred dollars, and two assistants at an annual salary of two thousand seven hundred dollars each. Such appointees shall be skillful accountants and well versed in public accounting.
[Bond.] They shall (each) execute a bond to the state in the sum of ten thousand dollars. They shall be civil executive officers and their salaries shall be paid in the same manner and at the same time as the salaries of state officers are paid.
[Additional accountants.] The board may also appoint such additional accountants as may be necessary to carry on the work of the department at salaries not to exceed for any one of such appointees the sum of two thousand four hundred dollars per annum. Such salaries, upon authority of the board, shall be paid out of money appropriated for the use of the department at the same time and in the same manner as the salaries of state officers are paid. Such accountants shall be chosen from persons who have successfully taken an open competitive examination given along practical lines showing their fitness for the work required. They shall each execute to the state a bond in the sum of five thousand dollars.
(Authority to administer oaths.] All of the appointees in this section are empowered to administer oaths in the furtherance of their official duties.
History: Enacted April 3, 1911, Stats. and Amdts. 1911, p. 597; amended May 14, 1917, Stats, and Amdts, 1917, p. 467. In effect July 27, 1917.
SUPERINTENDENT OF CAPITOL BUILDING AND GROUNDS.
$ 718. Appointments by superintendent. Gardener, policemen, etc.
8 718. APPOINTMENTS BY SUPERINTENDENT. GARDENER, POLICEMEN, ETC. The superintendent of capitol building and grounds may appoint one head gardener at an annual salary of two thousand one hundred dollars, and one assistant head gardener at an annual salary of one thousand three hundred twenty dollars. He may appoint seven special policemen for the building and grounds at annual salaries of one thousand three hundred twenty dollars each, who shall have the power of peace officers, and the same power of arrest as is herein given to the superintendent. None of said policemen shall be required to work more than six days in any one week. He may appoint one clerk for his office at an annual salary of one thousand eight hundred dollars, who shall be a civil executive officer; one head porter for the building at an annual salary of one thousand two hundred sixty dollars; one typewriter expert at an annual salary of one thousand three hundred twenty dollars. He may appoint one engineer at an annual salary of one thousand eight hundred dollars; one fireman at an annual salary of one thousand two hundred sixty dollars; one electrician at an annual salary of one thousand eight bundred dollars; provided, however, that the superintendent is hereby empowered to employ an additional electrician for emergency purposes. The superintendent may also appoint two elevator attendants at an annual salary of one thousand one hundred forty dollars each; three telephone exchange operators at an annual salary of nine hundred dollars each. He may appoint to serve from January first until May first in each legislative year one engineer at a monthly salary of one hundred fifty dollars; one fireman at a monthly salary of one hundred five dollars; one electrician at a monthly salary of one hundred fifty dollars; two elevator attendants at a monthly salary of ninety-five dollars each; one telephone exchange operator at a monthly salary of seventy-five dollars; ten porters at a monthly salary of ninety dollars each. He may also appoint one telephone exchange operator at a monthly salary of seventy-five dollars, to serve six weeks each year while the legislature is not in session. The salaries of all such appointees shall be paid at the same time and in the same manner as other state officers.
History: Enacted April 1, 1911, Stats. and Amdts. 1911, p. 572; amended June 14, 1913, Stats. and Amdts. 1913, p. 944; May 12, 1915, Stats. and Amdts. 1915, p. 722; May 24, 1917, Stats, and Amdts. 1917, p. 925. In effect July 27, 1917.
SALARIES OF JUSTICES OF SUPREME COURT AND SUPERIOR JUDGES.
1. Amendment of 1915 — Effect of. — The amendment of 1915 to section 737 of the Political Code, wherein such section was re-enacted as it stood after the amendment of 1911 with the single exception of an allowance of an increased amount to the superior judge of Sonoma county, did not have the effect of repealing by implication the special act of 1911, which provided for an increased compensation for the superior
judges of the county of Kern, notwithstanding there was carried into the section as amended in 1915 the compensation allowed to judges of the superior court of the county of Kern prior to the passage of the special act of 1911, as the amendatory act of 1915 contained neither a general nor a special repealing clause, whereas the special act of 1911 contained express repealing clauses.Peairs V. Chambers, 28 Cal. App. 584, 153 Pac. 410.
Article I. Clerk of the Supreme Court.
II. Reporters of the Supreme Court.
8 759. Phonographic reporters, district courts of appeal. Duties and compensation. $759. PHONOGRAPHIC REPORTERS IN DISTRICT COURTS OF APPEAL. DUTIES AND COMPENSATION. Each of the three district courts of appeal may employ and appoint a phonographic reporter, who shall be competent to write in shorthand at the rate of at least one hundred and fifty words per minute and to transcribe the same correctly. His duties shall be to take down in shorthand the proceedings of the court, and to act as secretary to the judges in the discharge of their official duties. His compensation shall be at the rate of three thousand dollars per annum.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 757, Kerr's Stats. and Amdts. 1906-7, p. 58; amended May 21, 1917, Stats. and Amdts. 1917, p. 784. In effect July 27, 1917.
8791. NUMBER GOVERNOR MAY COMMISSION. The governor may appoint and commission such number of notaries public for the several counties, and cities and counties of this state, as he shall deem necessary for the public conveniences, except that
In counties of the second class the number shall not exceed one hundred thirty.
History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 13; March 18, 1878, Code Amdts. 1877-8, p. 24; April 15, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 59; March 19, 1887, Stats. and Amdts. 1886-7, p. 79; March 19, 1889, Stats, and Amdts. 1889, p. 377; March 23, 1893, Stats. and Amdts. 1893, p. 289; March 11, 1901, Stats. and Amdts. 1900-1, p. 793: March 20, 1903, Stats, and Amdts. 1903, p. 244; March 18, 1905, Stats, and Amdts. 1905, p. 199; April 22, 1909, Stats, and Amdts. 1909, p. 1059; April 18, 1911, Stats, and Amdts. 1911, p. 941; April 23, 1913, Stats, and Amdts. 1913, p. 77; May 20, 1915, Stats. and Amdts. 1915, p. 695; April 11, 1917, Stats, and Amdts. 1917, p. 92. In effect July 27, 1917.
1. Applies to what officers.—This provision applies not only to one whose term has expired, but as well where the incumbency is ended by resignation, the continuance in office being regarded as temporary. -People (ex rel. Attorney-General) v. Marsh, 30 Cal. App. 424, 159 Pac. 191.
1. “County and township officers"-Clerks of police courts.-The clerks of police courts are neither "county" nor "township" officers.
-Rowe v. Rose, 26 Cal. App. 744, 148 Pac. 535.
CHAPTER VII. GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF OFFICERS.
995. Resignation of officers, to whom made. $ 995. RESIGNATION OF OFFICERS, TO WHOM MADE. Resignations must be in writing, and made as follows:
1. By the governor and lieutenant governor to the legislature, if it is in session; and if not, then to the secretary of state;
2. By all officers commissioned by the governor, to the governor;
3. By senators and members of the assembly, to the presiding officers of their respective houses, who must immediately transmit the same to the governor;
4. By all county and township officers not commissioned by the governor, to the clerk of the board of supervisors of their respective counties;
5. By all other appointed officers, to the body or officer that appointed them;
6. By members of the board of trustees, and other officers of a municipal corporation, to the clerk of the board of trustees of their respective corporation.
7. In all cases not otherwise provided for, by filing the resignation in the office of the secretary of state.
History: Enacted March 12, 1872; amended April 5, 1917, Stats, and
Amdts. 1917, p. 38. in effect July 27, 1917. $ 995, subd. 4.
stitutes a filing of the resignation of a 1. Resignation — To whom made. — This county officer. Such resignation need not section declares the mode in which a public be indorsed as having been filed, the file officer may resign, that is, in writing, and mark being only evidence of the fact of if the official is a county officer, it shall be delivery.-People (ex rel. Attorney-General) made to the clerk of the board of super v. Marsh, 30 Cal. App. 424, 159 Pac. 191. visors.--People (ex rel. Attorney-General) -Recording, necessity of. — There is no V. Marsh, 30 Cal. App. 424, 159 Pac. 191. provision of law requiring a resignation to
2. -With whom filed.The delivery to be recorded.—People (ex rel. Attorney-Genthe clerk of the board of supervisors con- eral) v. Marsh, 30 Cal. App. 424, 159 Pac. 191.
VACANCIES. 1. As to power of supervisors to fill. 2. Bond-Improper filing of (subd. 9). 3. Removal from office — Separation of
offices is not a (subd. 4). 4, 5. Resignation (subd. 3).
1. As to power of supervisors to all. The power of a board of supervisors is limited to the filling of vacancies, and an office becomes vacant only upon the happening of any of the events enumerated in section 996 of the Political Code.-People v. Gunn, 30 Cal. App. 114, 157 Pac. 619.
2. Bond-Improper filing of (subd. 9).-A clerk of the police court of Los Angeles appointed under Stats. 1913, p. 469, should file his bond with the city clerk and not with the county clerk, and his failure to file his bond with the county clerk does not cause
a vacancy under this subdivision.-Rowe v. Rose, 26 Cal. App. 774, 148 Pac. 535.
3. Removal from office — Separation of offices not a (subd. 4).-The separation of the duties of county auditor and county recorder and the declaration of the office of auditor vacant is not in any sense a "removal from office."— People (ex rel. Smith) v. Gunn, 30 Cal. App. 114, 157 Pac. 619.
4. Resignation (subd. 3),An office becomes vacant on the happening of any of the events specified in this section before the expiration of the term, including resignation, and a vacancy arises when the incumbent resigns in the mode provided by law, subject to the terms contained in his letter of resignation.-People (ex rel. Attorney-General) v. Marsh, 30 Cal. App. 424, 159 Pac. 191.
5. An official has the privilege of resignation as an absolute right, without any restrictions.—People (ex rel. Attorney-General) v. Marsh, 30 Cal. App. 424, 159 Pac. 191.
of the clerk that the signers are registered RECALL OF MUNICIPAL OFFICER.
qualified electors. This added qualification
can only be ascertained from the records of 1. Construction.
registration, to-wit, the great register, and 2. Inapplicable when.
when thus ascertained and duly certified to, 3. --Registered qualified voters.
the law is fully complied with.-Minges v. 4. Petition-Alteration of.
City of Merced, 27 Cal. App. 15, 148 Pac. 816. 5–8. --Sufficiency of. 9. –Withdrawal of names-Right of.
4. Petition-Alteration of.-Initiative pe1. Construction.—The election referred to
titions can not be altered in any manner
after they have been filed with the municipal in the provision of the act providing for the
authorities.—Bennett v. Drullard, 27 Cal. recall of elective officers in incorporated
App. 180, 149 Pac. 368. cities and towns, that "the petition shall be signed by qualified voters equal in number
5. -Sufficiency of.—That the persons to at least twenty-five per cent of the entire signing an initiative petition were regisvote cast within such city or town for all tered qualified electors as required herein candidates for the office which the incum- is shown by the petition where the certifi. bent sought to be removed occupies, at the
cate of the city clerk recited that such last preceding regular municipal election at officer had examined the same and from the which such officer was voted for," is the records of registration, that is the great regular municipal election preceding the register of his county, had ascertained that date of the attempted recall at which the the petition was signed by the requisite officers sought to be recalled were voted for, number of qualified electors, notwithstandnot a subsequent municipal election at which ing that there was no recital that such regother officers of the same class were elected. ister was the only existing great register of -Robinson v. Anderson, 26 Cal. App. 644, said county.-Minges v. City of Merced, 27 147 Pac. 1182.
Cal. App. 15, 148 Pac. 816. 2. -Inapplicable when. The provision of 6. A referendum petition to compel a this section respecting the signatures to re county board of supervisors to repeal a cercall petitions can not be held to apply to the tain ordinance enacted by the board, or to provisions of the freeholders' charter of San submit the same to the voters of the county, Francisco respecting the recall of municipal sufficiently shows that the petition is signed officers.--Scheafer v. Herman, 172 Cal. 338, by a sufficient number of "registered quali155 Pac. 1084.
fied electors" where the certificate of the 3. -Registered qualified voters mentioned county clerk attached to the petition recites in this section, which was added in 1913 that such officer has "examined the records (Stats. 1913, p. 225). It adds nothing to the of registration" in his county and that from procedure prescribed by the act of 1911, and such examination found that the same was only requires that it appear by the certificate signed by a number of qualified electors in excess of the required per cent.-Osborn v. Merced County, 27 Cal. App. 85, 148 Pac. 970.
7. An initiative petition is not insufficient by reason of the failure of some of the petitioners to give after their signatures the places of their residence by street and number, since the requirement of residence is for the convenience and aid of the clerk in finding the names in the great register. Osborn v. Merced County, 27 Cal. App. 85, 148 Pac. 970.
8. Where more than one officer of the same kind is elected at the same election, the only reasonable rule to apply to the requirement that the percentage of signatures should be based upon a total of the entire vote cast for all candidates for the ofice, is to declare that that percentage should be computed by taking the total
number of ballots cast at the election:Robinson v. Anderson, 26 Cal. App. 644, 147 Pac. 1182.
9. -Withdrawal of names-Right of.The signers to a petition for the recall of the holder of an elective office have not the right to withdraw their names from the petition after the clerk has made his certificate as to the sufficiency of the petition, such certificate being conclusive in the absence of fraud or mistake or other sufficient ground for challenging the correctness of the certificate, and a court has no rig thereafter enjoin the calling of the election on the ground that enough signers had withdrawn their names to reduce the number below that required by the statute.Laam v. McLaren, 28 Cal. App. 623, 732, 153 Pac. 985.
REGISTRATION OF ELECTORS.
$ 1094. Complete register of voters every two years.
8 1094. COMPLETE REGISTER OF VOTERS EVERY TWO YEARS. There shall be, commencing January 1, 1918, and every two years thereafter, except as hereinafter provided, in each county and city and county of the state, a new and complete registration of the voters of such county or city and county, who are entitled thereto. Such registration shall be in progress at all times except during the thirty days immediately preceding any election, when it shall cease for such election as to electors residing in the territory within which such election is to be held.
(Transfers.] And transfers of registration for such election may be made from one precinct to another precinct in the same county or city and county at any time when such registration shall be in progress in the precinct to which the elector seeks to transfer.
[Elections held between January 1 and April 1 of even-numbered years.] Provided, that where any general or special municipal election, or any other special election, including any primary election and all special elections to vote for officers, or upon or for or against any proposition or question authorized to be submitted to a vote, is held on or after the first day of January and before the first day of April of any evennumbered year, the original affidavits of registration and indexes used in the last general state election in any county or city and county in this state, together with the original affidavits of registration since the last election, and supplemental indexes, showing all additional registrations, changes and corrections made since the registration for the last general election, completed to and including the thirty-first day prior to said election then being held, may be used at such election to determine the persons entitled to vote thereat.
[Affidavits of registration deemed canceled.] All affidavits of registration made prior to the first day of January of any even-numbered year shall be deemed canceled upon said day except for the sole purpose of being used as hereinbefore stated at elections held thereafter and before the first day of April of that year, and shall on said last mentioned day be deemed canceled for all purposes.
[Registration outside of main office.] The board having charge and control of elections in each county or city and county, may provide by resolution, for the registration of voters in their respective precincts, by the officer charged with the registration of