v. Board of Supervisors, 45 Cal. 395; Stockton R. R. Co. v. Stockton, 51 Cal. 339.

The identical petition presented must have the requisite number of signers. Where two petitions containing the same matter are circulated and signed, and the names to one of them are detached and attached to those of the other petition, it is held that the two lists cannot be counted to make up the required number of signers. Fox v. Board of Supervisors, 49 Cal. 565.

Petition and Election.

SEC. 12. Whenever there shall be presented to the board of supervisors of any county a petition, signed by the qualified electors of such county, in number equal to a majority of the votes cast at the preceding general election, praying for the submission of the question of the removal of the county seat of such county, it shall be the duty of the board fo supervisors, by due proclamation, to submit the question of such removal of the county seat at the next general election to the qualified electors of such county. The election shall be conducted and the returns canvassed in all respects as provided by law for the conduct of general elections and canvassing the returns thereof.

See notes to preceding section.

The basis of the section is the statute of 1850, page 199, and 1854, page 198; Political Code, sections 3976-3985.

No county seat shall be removed unless twothirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. A proposition of removal shall not be submitted in

the same county more than once in four years. Const. 1879, Art. XI, Sec. 2.

Where the statute read, "when the election has been held, and two-thirds of the votes are not cast for some other place than that fixed by law as the former county seat, no second election for the removal thereof must be held within two [afterwards four] years," and twothirds of the votes were cast in favor of the old county seat, it was held that another election could be called within the prescribed limit. Pol. Code, Sec. 3984. Atherton v. Supervisors, 48 Cal. 158.

The courts take judicial notice of county seats and of their location. People v. Faust, 113 Cal. 172; and of the creation of a new county. People v. Wallace, 101 Cal. 281.

The referendum.

SEC. 13. Whenever there shall be presented to the board of supervisors a petition, or petitions, signed by legal voters of said county equal in number to fifty per cent. of the votes cast at the last preceding general election, asking that an ordinance, to be set forth in such petition, be submitted to a vote of the qualified voters of such county, it shall be the duty of the board of supervisors, by proclamation, to submit such proposed ordinance to the vote of the qualified electors of such county. Such election shall be held within thirty days after the first regular meeting of the board after the filing of such petition: provided, that should said petition be filed within six months prior to a general election, no special election need be held, but such ordinance shall be submitted at the next general election. The ballots used at such special or general election shall contain the words "For the ordinance"(stating the nature of the ordinance), and "Against the ordin

ance, stating the nature of the ordinance. The election shall be conducted and the returns canvassed in all respects as provided by law, for the conducting of general elections and the canvassing the returns thereof; provided, that when a special election is held under the provisions of this section, the board of supervisors, in their discretion, may consolidate precincts, and may reduce the number of election officers to a number not less than four. If a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the board of supervisors shall proclaim such fact, and upon the publication of such proclamation, such ordinance thus adopted shall have the same and equal force and effect as though adopted and ordained by the board of supervisors. The board of supervisors may also, at any election, submit any question or proposition upon which they may desire the opinion of the voters of the county.

The provision for submitting ordinances to popular vote in this manner was inserted in the county government act of 1893 as section 12, but that section was not so complete in details as the foregoing.

It would seem reasonable to expect that a board of supervisors would itself pass an ordinance, for the submission of which fifty per cent. of the voters of the county would petition. While this supposition is not necessarily correct, yet it is practically so. A much smaller number of voters should be sufficient to secure the agitation and submission of a proposition. One more than fifty per cent. is sufficient to adopt laws in the board, and to settle most matters of popular concern. One more than fifty per cent. makes a major

ity, and officers are elected by pluralities as

well as majorities.

Board of supervisors.

SEC. 14. Each county must have a board of supervisors, consisting of five members.

Political Code, section 4022. statutes page 301.

Act of 1883,

Prior to 1883, and under the code there were three classes of counties with boards of seven, five and three members respectively.

That the city and county of San Francisco is not affected by this provision, see Kahn v. Sutro, 114 Cal. 322; People v. Babcock, 114 Cal. 563, and cases there cited.

Qualifications and election of members.

SEC. 15. Each member of the board of supervisors must be an elector of the district which he represents, must reside therein during his incumbency, must have been such elector for at least one year immediately preceding his election, and shall be elected by such district, and not at large; provided, that in any county or city and county in which supervisoral districts have not been established by law or ordinance, and in which supervisors are now required to be elected at large, but from particular wards, the members of the board of supervisors shall be elected at large and without regard to residence.

Political Code, section 4023.

By the act of 1883, section 14, it was required that supervisors should be elected by districts, and not at large, and the same pro

vision has been continued in the several subsequent acts.

"Must reside therein during his incumbency," is a new provision. This does not seem to have been specifically required by any preceding legislation.

With respect to the first portion of this section it may be noted that section 58 of the act of 1897, corresponds with section 60 of the acts of 1883, 1891 and 1893, and it is sufficient, (and sufficiently important also, in this connection) to quote at length from the decision in the case of Hale v. McGettigan, 114 Cal. 122, as follows:

"Section 15 of the county government act of 1883 [Stats. 1883, p. 301] provided: 'At the general election to be held in 1884, a full board of supervisors must be chosen in each county. They shall so classify themselves by lot that three of them shall hold office for four years and two of them for two years. The supervisors elected at the general election in 1886, and every two years thereafter, shall hold office for four years. They shall take their office on the first Monday after the first day of January after their election;' and section 60 of the same act, after providing that the elective county and township officers, excepting superintendents of public schools and assessors, should be elected every two years, declared: 'Supervisors shall be elected as herein before provided,' and that assessors