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cities therein, the board of supervisors of such county shall be the election commissioners, having the exclusive charge and control of such primary under the provisions of this chapter. En. Stats. 1899, 51. Rep. 1901, 606. En. Stats. 1901, 616.

$ 1372. This chapter, where mandatory and where optional. This chapter and each and every provision thereof shall be obligatory and mandatory in cities, and cities and counties, having a population of over seven thousand five hundred, according to the last general census of the government of the United States, and for this chapter and its purposes the population of the cities, and cities and counties, in which this act is hereby made obligatory and mandatory, is hereby declared to be as follows:

The city and county of San Francisco, three hundred and forty-two thousand seven hundred and eighty-two.

The city of Los Angeles, one hundred and two thousand four hundred and seventy-nine.

The city of Oakland, sixty-six thousand nine hundred and sixty.

The city of Sacramento, twenty-nine thousand two hundred and eighty-two.

The city of San Jose, twenty-one thousand five hundred.

The city of San Diego, seventeen thousand seven hundred.

The city of Stockton, seventeen thousand five hundred and six.

The city of Alameda, sixteen thousand four hundred and sixty-four.

The town of Berkeley, thirteen thousand two hundred and fourteen.

The city of Fresno, twelve thousand four hundred and seventy.

The city of Pasadena, nine thousand one hundred and seventeen.

The city of Vallejo, seven thousand nine hundred and sixty-five.

In all other portions of the respective counties in which the cities above named are respectively situate, and in all other cities, and cities and counties, and in all ot ties of the state, and in all political subdivisions of a lesser population, this chapter shall be optional, and shall be in

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force therein only upon and after a majority vote therefor by the electors of such city, or city and county, or county, or political subdivision of lesser population, at a general or special election, at which the question shall have been submitted in manner as follows: When a petition signed by electors of such city, city and county, county, or political subdivision of lesser population, in number equal to one half of the total vote cast in such city, city and county, county, or political subdivision of lesser population, at the last preceding general election, is filed with the legislative body or council of a city, in case such election is to be held in such city, or in other cases with the board of supervisors of the county wherein such election is to be held, asking that such question be submitted to a vote of such electors, the said legislative body, council, or board of supervisors shall by proclamation submit such question to the vote of such electors at the next general election; provided, that if it be demanded in such petition that the question be submitted at a special election, it shall be so submitted, and such special election shall be held within thirty days after the first regular meeting of such legislative body, council, or board of supervisors, after the filing of such petition. The ballots used at such general or special election shall contain the words “ For the Primary Law," and "Against the Primary Law.” Such election shall be conducted, and the notices thereof shall be given, and the returns canvassed in all respects as provided by law for the conducting of general elections and the canvassing the returns thereof. In case a majority of the votes cast at such election on such question shall be for the primary law, the provisions of this chapter shall take effect and be in force forthwith, in said city, city and county, county, or political subdivision of lesser population, and shall remain in force therein until rendered inapplicable thereto by a similar vote.

But all delegates elected under the provisions of this chapter before such last-mentioned vote, shall serve in the respective conventions to which they were elected, as if said last-mentioned vote had not been had. Every board of supervisors or other legislative body or council acting under the provisions of this section shall forthwith send to the secretary of state a certified copy of all its decisions and declarations hereunder; the secretary of state shall

file the same in his office, without charge, and he shall cause the same to be published as an appendix to the statutes and amendments to the codes enacted at the succeeding session of the legislature. En. Stats. 1899, 52. Rep. 1901, 606. En. Stats. 1901, 616.

$ 1373. Presidential primary in May. In the year nineteen hundred and four, and every four years thereafter, a primary election shall be held in the territory and political subdivisions where the provisions of this chapter are mandatory or in force, on the first Tuesday in the month of May, for the purpose of choosing delegates to state and district conventions to select delegates to a national convention, and such primary election shall be conducted in accordance therewith, and all of said provisions shall relate thereto; provided, that where the national convention of any political party shall be called to assemble prior to May fifteenth of such year to nominate candidates for president and vice-president of the United States upon a day in any year where such a presi. dent and vice-president are to be elected, then and in such event such political party or organization may select its delegates to such national convention in such manner as the state governing committee of such political party or organization shall prescribe. En. Stats. 1899, 52. Rep. 1901, 606. En. Stats. 1901, 617.

$ 1374. Ballots, preservation of-Contests. Wherever the provisions of this chapter are in force and effect, the ballots for the respective political parties cast at the primary election must, after being counted, be sealed in separate envelopes in the manner provided for sealing and certifying ballots at general elections, and each such package must have written or printed thereon plainly the desig. nation of the political party and the number of the primary precinct where the same were cast. Such ballots must not be destroyed until after the adjournment of the political convention for which delegates were elected by such ballots. If there shall be a contest before any political convention and the contestant shall have in writing charged that the ballots in a designated precinct or precincts were not correctly counted, and that a recount thereof would show the election of the contestant as a delegate, then any committee to which such convention

has referred such contest shall have power to issue a subpæna directed to the election commissioners or body having charge and custody of such ballots, or to the chairman or clerk, secretary, or registrar of voters thereof, commanding such person or persons to forthwith produce the envelopes containing the ballots for such party cast in the precinct or precincts designated in such subpæna, and if such subpena shall be accompanied by a tender of the witness and mileage fees allowed by law in civil actions, the person or persons to whom such subpæna is directed must forthwith take such ballots so sealed before such committee, or send the same so sealed by some person named over his signature as the bearer there. of, who shall forth with take such ballots sealed before such committee. Such subpæna may be served by telegraphic copy, telegraphed by the chairman or secretary of such committee, and any person disobeying such subpæna shall, upon the application of such committee to the superior court of the county where such subpæna was properly served, be cited by said court to show cause why he should not be punished for contempt of such committee, and if he be found guilty of such disobedience he may be punished for such contempt by such court in the same

manner as provided for punishment for contempt for disobedience to a subpoena in a civil action. If when such ballots are produced before such committee it shall resolve that the same be recounted, it may order the seal to be broken, and may recount such ballots for any precinct and declare the result thereof, and report the same to such convention, and such ballots be re-enclosed in the envelope from which they were taken, and be returned to the place from which they came. En. Stats. 1899, 53. Rep. 1901, 606. En. Stats. 1901, 618.

$ 1375. Vacancies, additional vote. If any delegate elected under the provisions of this chapter shall die before, or from any cause shall be unable to attend upon, the convention to which he was elected convenes, then the other delegates thereto who were voted for in the same territory as such delegate, or if there is no other delegate remaining from said territory, then the other delegates thereto who were voted for in the same assembly district, shall have power to determine by a majority vote which of such delegates may cast an additional vote

in such convention, and thereupon the delegate so named may cast such additional vote in such convention. En. Stats. 1899, 54. Rep. 1901, 606. En. Stats. 1901, 619.

$ 1376. Registration of voters. (Repealed.) En. Stats. 1899, 55. Rep. 1901, 606.

§ 1377. Delegates, election of. (Repealed.) En. Stats. 1899, 55. Rep. 1901, 606.

$ 1378. Delegates, lists and credentials. (Repealed.) En. Stats. 1899, 55. Rep. 1901, 606.

$ 1379. Offenses against. (Repealed.) En. 1899, 55. Am'd. 1899, 56. Rep. 1901, 606.

§ 1380. Proceedings where no board of election commissioners. (Repealed.) En. 1899, 55. Rep. 1901, 606.

TITLE III.

EDUCATION.
Chapter I. University of California, 88 1385-1477.

II. State Normal School, 88 1487-1507.
III. Public Schools, 88 1517-1891.

CHAPTER I.

UNIVERSITY OF CALIFORNIA.
Article 1. General Provisions Relating to the University, $$ 1385-

1405.
II. Endowment of the University, $ 1415.
III. Regents of the University, $3 1425-1439.
IV. Secretary of the Board of Regents, $8 1449-1451.

V. Academic Senate of the University, $$ 1461-1463.
VI. University Cadets, $8 1473-1477.

ARTICLE I. GENERAL PROVISIONS RELATING TO THE UNIVERSITY. $ 1385. Object of university. $ 1386. Colleges to be maintained. 8 1387. Scope of college of letters. $ 1388. Course of instruction. § 1389. President of university. $ 1390. Duties of president. $ 1391. Government and discipline. $ 1392. Students. $ 1393. Fees and rates of tuition. $ 1394. Same. $ 1395. Free scholarship. $ 1396. Colleges may be affiliated with university.

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