§ 1374 (334) PRESIDENTIAL PRIMARY-BALLOTS PRESERVED. [Pt. II. 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; [Exception.] 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 president 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. History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 52; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606; re-enacted March 23, 1901, Stats. and Amdts. 1900-1, pp. 617-618. Where not in force. In no portion of first congressional district of California are provisions of this code (§§ 1357-1375) relat ing to mandatory primary elections in force or effect.-Gaylord vs. Curry, 145 Cal. 154, 155, 78 Pac. Rep. 548. $ 1374. BALLOTS CAST AT PRIMARY TO BE PRESERVED UNTIL AFTER CONVENTION ADJOURNS. 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 designation 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 subpœna 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 subpoena, and if such subpoena 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 subpoena 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 thereof, who shall forthwith take such ballots sealed before such committee. Such subpoena may be served by telegraphic copy, telegraphed by the chairman or secretary of such committee, and any person disobeying such subpoena shall, upon the application of such committee to the superior court of the county where such subpœna 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. [Envelopes opened, when.] 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 reinclosed in the envelope from which they were taken, and be returned to the place from which they came. History: Enacted March 3, 1899, Stats. and Amdts. 1899, pp. 53-54; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606; re-enacted March 23, 1901, Stats. and Amdts. 1900-1, p. 618. Where not in force. - In no portion of first congressional district of California are provisions of this code (§§ 1357-1375) relat ing to mandatory primary elections in force or effect.-Gaylord vs. Curry, 145 Cal. 154, 155, 78 Pac. Rep. 548. § 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. History: Enacted March 3, 1899, Stats. and Amdts. 1899, pp. 54-55; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606; re-enacted March 23, 1901, Stats. and Amdts. 1900-1, p. 619. Where not in force. In no portion of first congressional district of California are provisions of this code (§§ 1357-1375) relating to mandatory primary elections in force or effect.-Gaylord vs. Curry, 145 Cal. 154, 155, 78 Pac. Rep. 548. As to construction of statutes to prevent corrupt practices at election, see note 41 L. R. A. 291, 297. As to effect of illegal expenditures by candidate, see note 90 Am. St. Rep. 88. As to offer of candidate to donate salary, see note 90 Am. St. Rep. 88. § 1376. REGISTRATION OF VOTERS (repealed). History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 55; re- 2. STATEMENT IS REQUIRED CONSTRUCTION.-Under purity of elections law (HENNING'S GENERAL LAWS p. 424) a candidate may expend an amount not exceeding a specified sum, and it does not require vouchers for expenditures in amounts less than five dollars. This statute should receive a construction, if possible, which will not render it an absurdity, and court will not annul election of mayor of city by reason of trivial and unimportant defect in certain item in successful candidate's statement of expenditures.-Land vs. Clark, 132 Cal. 673, 676, 64 Pac. Rep. 1071. 3. Office may be declared vacant if not made. Legislature has power under purity of elections act (Stats. 1893 p. 15; HENNING'S GENERAL LAWS p. 424) to require successful candidate for office to fila 1377-1380 (336) OATH OF VOTER-AVOIDING ELECTIONS. statement of his expenditures and moneys received, and to declare that his office shall be forfeited, or his right to office forfeited, if he fails to make such statement.-Bradley vs. Clark, 133 Cal. 196, 201, 65 Pac. Rep. 395. re 4. Support of by oath cannot be quired. Sections 3 and 4 of purity of elections act (Stats. 1893 p. 15; HENNING'S GENERAL LAWS pp. 423, 424), or at least so much of them as require successful candidate for office to support his statement by his oath as prerequisite to his right to take office, is in violation of constitution of state and is void.-Bradley vs. Clark, 133 Cal. 196, 200, 65 Pac. Rep. 395. 5. What is sufficient.-Statement made by successful candidate for office showing that he had contributed to regularly constituted committee of political party for campaign purposes certain amount of money is in substantial compliance with law.-Land vs. Clark, 132 Cal. 673, 675, 64 Pac. Rep. 1071. 6. Statement of candidate for office who seeks to comply with purity of elections act (HENNING'S GENERAL LAWS p. 424) in making and filing statement of moneys [Pt. III. received or expended, which shows that $200 was contributed by him to party committee for campaign purposes, and that $22.65 was expended for "sundries and incidentals," though not specially itemized, substantially complies with law; defect is trivial and unimportant and does not arise from want of good faith.-Land vs. Clark, 132 Cal. 673, 674, 676, 64 Pac. Rep. 1071. 7. TRIFLING MATTERS WILL NOT AVOID ELECTION.-Trifling, unimportant, and technical violations of purity of elections act (HENNING'S GENERAL LAWS pp. 421-437) not arising from want of good faith are not sufficient ground for avoiding election or forfeiting office.-Land vs. Clark, 132 Cal. 673, 676, 64 Pac. Rep. 1071. 8. WHAT CONTRIBUTIONS ARE AUTHORIZED.-Contribution to regularly constituted committee of political party for campaign purposes is allowable and perfectly proper under law, and money being given for campaign purposes, it will be assumed that it was to be expended in legitimate and lawful way.-Land vs. Clark, 132 Cal. 673, 675, 64 Pac. Rep. 1071. § 1377. DELEGATES, ELECTION OF (repealed). History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 55; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606. § 1378. DELEGATES, LISTS AND CREDENTIALS (repealed). History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 55; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606. § 1379. OFFENSES AGAINST (repealed). History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 55; amended March 4, 1899, Stats. and Amdts. 1899, p. 56; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606. § 1380. PROCEEDINGS WHERE NO BOARD OF ELECTION COMMISSIONERS (repealed). History: Enacted March 3, 1899, Stats. and Amdts. 1899, p. 55; repealed March 23, 1901, Stats. and Amdts. 1900-1, p. 606. Article I. General Provisions Relating to the University, §§ 1385-1405. III. Regents of the University, §§ 1425-1439. IV. Secretary of the Board of Regents, §§ 1449-1451. § 1385. OBJECT OF UNIVERSITY. The University of California, located in Alameda County, has for its object general instruction and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce. History: Enacted March 12, 1872. People vs. Kewen, 69 Cal. 215, 216, 10 Pac. 1. Applied, cited, construed, referred to. 3. Public corporation-May take by devise, etc. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Estate of Royer, 123 Cal. 614, 618, 56 Pac. Rep. 461, 44 L. R. A. 364 (cited). 2. FORM OF GOVERNMENT of university cannot be changed by legislature, constitution declaring that university shall be continued in form and character prescribed in acts in force, subject to legislative control for certain specified purposes only.— 3. PUBLIC CORPORATION. University is legal entity capable of taking by devise, bequest, etc.-Estate of Royer, 123 Cal. 614, 618, 56 Pac. Rep. 461, 44 L. R. A. 364. See Const. 1879 art IX 9; HENNING'S GENERAL LAWS p. lxxxvii. For various acts relating to university, see HENNING'S GENERAL LAWS pp. 14311458. Nature of incorporated institutions belonging to the state. See monographic note by B. A. Rich, 29 L. R. A. 378, 380. $1386. COLLEGES TO BE MAINTAINED. There must be maintained in the university: 1. A college of letters. 2. A college or colleges of science, including agriculture, mechanics, mining, Pol. C.-22 881387-1393 (338) SCOPE AND COURSE- PRESIDENT, DUTIES. [Pt. III. engineering, chemistry, and such other specialties as the board of regents may determine. 3. College of medicine and law. 4. Such other colleges as the board of regents may establish. History: Enacted March 12, 1872; amended March 30, 1874, Code § 1387. SCOPE OF COLLEGE OF LETTERS. The college of letters must embrace a liberal course of instruction in language, literature, and philosophy. History: Enacted March 12, 1872. § 1388. COURSE OF INSTRUCTION. Each full course of instruction consists of its appropriate studies and courses, to be determined by the board of regents. History: Enacted March 12, 1872; amended March 30, 1874, Code § 1389. PRESIDENT OF UNIVERSITY. The president of the university is the executive head of the institution in all its departments, except as herein otherwise provided. History: Enacted March 12, 1872. § 1390. DUTIES OF PRESIDENT. He must, subject to the board of regents, give general direction to the practical affairs of the several colleges, and in the recess of the board of regents may remove any employee or subordinate officer not a member of any faculty, and supply for the time being any vacancies thus created; and until the regents otherwise direct he is charged with the duties of one of the professorships. History: Enacted March 12, 1872. § 1391. GOVERNMENT AND DISCIPLINE. The immediate government. of the several colleges is intrusted to their respective faculties, each of which must have its own organization, regulate its own affairs, and may recommend the course of study and the text-books to be used. History: Enacted March 12, 1872. § 1392. STUDENTS. Any resident of California of the age of fourteen years or upwards, of approved moral character, may enter himself in the university as a student at large, and receive tuition in any branches of instruction at the time when the same are given in their regular course, on such terms as the board of regents may prescribe. History: Enacted March 12, 1872. 1. Arbitrary exclusion of student. 2. Females entitled to admission. 1. ARBITRARY EXCLUSION OF STUDENT cannot be made. Right of admission may be postponed where there is not sufficient room or where applicant is not sufficiently qualified in learning. but it cannot be materially abridged by trustees.-State ex rel. Stallard vs. White, 82 Ind. 278, 42 Am. Rep. 496. 2. FEMALES ARE ENTITLED TO BE ADMITTED as students to university and to colleges affiliated therewith. VS. - Foltz Hoge, 54 Cal. 28, 35. See Const. 1879 art. IX §9; HENNING'S GENERAL LAWS p. lxxxvii. § 1393. FEES AND RATES OF TUITION. An admission fee and rate of tuition fixed by the board of regents must be required of each pupil, except as herein otherwise provided. History: Enacted March 12. 1872. |