# People ex rel. Dougherty v. Board of Election Commissioners

> California Supreme Court · March 17, 1884 · 2 Cal. Unrep. 287

URL: https://www.frixlaw.com/law-library/cases/5453208

## Case

- **Full name:** PEOPLE ex rel. DOUGHERTY v. BOARD OF ELECTION COMMISSIONERS, etc.
- **Court:** California Supreme Court
- **Decided:** March 17, 1884
- **Citations:** 2 Cal. Unrep. 287; 3 P. 412; 1884 Cal. LEXIS 778
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Myrick
- **Judges:** Myrick
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5453208

## Opinion text

MYRICK, J.
The petitioner, at a general election held in the city and county of San Francisco, November 7, 1882, received votes for supervisor, first board, and he claims that under the clause of section 7, article 11, of the constitution of 1879, which reads as follows: “In consolidated city and county governments of more than one hundred thousand population, there shall be two boards of supervisors or houses of legislation,” etc., he was elected a member of the first board of supervisors, and is entitled to a certificate of election; that the clause above quoted is self-executing and requires no legislation. The court below held that the office for which the votes were cast does not exist in said city and county. This court had occasion to consider this question in Desmond v. Dunn, 55 Cal., and its views thereon will be found on pages 248, 249. The consolidation act of the city and county of San Francisco will (so far as the present question is concerned) remain in
*288 force until changed or superseded by proceedings under article 11 of the constitution.
Judgment affirmed.
We conc.ur: Thornton, J.; Sharpstein, J.; Ross, J.; Mc-Kinstry, J.; Morrison, C. J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5453208. Public record. Not legal advice.