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any existing charter (whether framed under the provisions of this section of the constitution or not), and all amendments thereof, and all laws inconsistent with such charter. A copy of such charter, certified by the mayor, or other chief executive officer of said city, and authenticated under the seal of such city, setting forth the submission of such charter to the electors of said city, and its ratification by them, shall, after the approval of such charter by the legislature, be made in duplicate and deposited, one in the office of the secretary of state and the other, after being recorded in the office of the recorder of the county in which such city is situated, shall be deposited in the archives of the city, and thereafter all courts shall take judicial notice of said charter.

The charter, so ratified, may be amended by proposals therefor submitted by the council, or other legislative body of the city, to the qualified electors thereof at a general or special municipal election held at intervals of not less than two years (except that charter amendments may be submitted at a general municipal election at an interval of less than two years after the last election on charter amendments provided that no other election on charter amendments has been held since the beginning of the last regular session of the state legislature or shall be held prior to the next regular session of the state legislature), and held not less than twenty days, nor more than forty days, after the completion of the publication of such proposals for ten times in a daily newspaper of general circulation, printed, published and circulated in said city, or for three times in at least one weekly newspaper of general circulation, printed, published and circulated in said city, if there be no such daily newspaper. If a majority of such qualified electors voting thereon at such general or special election shall vote in favor of any such proposed amendment or amendments, or any amendment or amendments proposed by petition, as hereinafter provided, such amendment or amendments shall be deemed to be ratified, and shall be forthwith submitted to the legislature, if it be in regular session, otherwise at its next regular session, or may be submitted to the legislature in extraordinary session, for approval or rejection as a whole, without power of alteration or amendment, and if approved by the legislature, as herein provided for the approval of the charter, such charter shall be amended accordingly. A copy of such amendment or amendments shall, after the approval thereof by the legislature, be made in duplicate, and shali be authenticated, certified, recorded and filed as herein provided for the charter, and with like force and effect. Whenever a petition signed by fifteen per centum of the qualified electors of the city, computed upon the total number of votes cast therein for all candidates for governor at the last preceding general election at which a governor was elected, is filed in the office of the city clerk of said city, petitioning the council, or other legislative body thereof, to submit any proposed amendment or amendments to the charter of such city, which amendment or amendments shall be set forth in full in such petition, to the qualified electors thereof, such petition shall forthwith be examined and certified by the city clerk, and if signed by the requisite number of qualified electors of said city, it shall be presented to the said council, or other legislative body, by the said city clerk, as hereinbefore provided for petitions for the election of boards of freeholders. Upon the presentation of said. petition to said council, or other legislative body, said council, or other legislative body, must submit the amendment or amendments set forth in said petition to the qualified electors of soid city, at a general or special municipal election, held not less than twenty, nor more than forty, days after the completion of the publication of such proposed amendment or amendments, in the same manner as hereinbefore provided in the case of the submission of any proposed amendment or amendments to such charter, proposed and submitted by the council, or other legislative body. The first publication of any proposed amendment or amendments to such charter so proposed by petition shall be made within fifteen days after the aforesaid presentation of said petition to said

council, or other legislative body. In submitting any such charter, amendment or amendments thereto, any alternative article or proposition may be presented for the choice of the electors, and may be voted on separately without prejudice to others.

Every special election held in any city under the provisions of this section, for the election of a board of freeholders, or for the submission of any proposed charter

or any amendment or amendments thereto, shall be called by the council, or other legislative body thereof, by ordinance, which shall specify the purpose and time of such election, and shall establish the election precincts and designate the polling places therein, and the names of the election officers for each such precinct. Such ordinance shall, prior to such election, be published five times in a daily newspaper, or twice in a weekly newspaper, if there be no such daily newspaper printed, published and circulated in said city. Such election shall be held and conducted, the returns thereof canvassed, and the result thereof declared by the council, or other legislative body of such city, in the manner that is now or may be hereafter provided by general law for such elections in the particulars wherein such provision is now may hereafter be made therefor, and in all other respects in the manner provided by law for general municipal elections, in so far as the same may be applicable thereto.

Whenever any board of freeholders shall be elected, or any such proposed charter or amendment or amendments thereto shall be submitted at a general municipal election, the laws governing the election of city officers, or the submission of propositions to the vote of electors, shall be followed in so far as the same may be applicable thereto and not inconsistent herewith.

It shall be competent in any charter framed by any city under the authority given in this section, or by amendment to such charter, to provide, in addition to those provisions allowed by this constitution and by the laws of the state, for the establishment of a borough system of government for the whole or any part of the territory of such city, by which one or more districts may be created therein, which districts shall be known as boroughs, and which shall exercise such special municipal powers as may be granted by such charter, and for the organization, regulation, government and jurisdiction of such boroughs.

All the provisions of this section relating to the city clerk shall, in any city and county, be deemed to relate to the clerk of the legislative body thereof.

ARGUMENT IN FAVOR OF ASSEMBLY CON

STITUTIONAL AMENDMENT NO. 25. This amendment has been drawn to simplify and make definite the provisions by which cities may frame and adopt their charters, so that the validity of the organization of cities thereunder can not be questioned. Two main purposes are served by the amendment:

First-It permits a general grant of power, as to municipal affairs, to be made to a city government by charter instead of necessitating the en"meration of a long list of powers to be exercised, as has been done heretofore. The large numbers of charter amendments offered at each session of the legislature have been made necessary because important powers have been omitted from the original enumeration.

Second-It clears up the present uncertainty as to the times at which a charter election may be held, permitting the cities to hold such elections at any time within six months prior to the regular session of the legislature or at any time during the regular session. As the general state election is held in all cities in November prior to the meeting of the legislature, this will enable the cities to hold their charter election at the same time without additional expense.

Other improvements briefly are as follows:

Third-Provides that petitions for charter elections shall be verified by the officer in custody of the registration records. The present provision puts that duty on the city clerk who, in most cities, has nothing to do with those records.

Fourth-It extends the time for considering a choice of freeholders to thirty days. The present provision limits it to twenty days.

Fifth-It permits nominations for freeholder to be made in the simple form used by many cities in nominating municipal officers, as well as by petition under general laws.

Sixth-It permits the time for drawing a charter to be extended sixty days with the consent of the legislative body of the city. Present requirement is that a charter shall be completed in 120 days, which is often too short.

Seventh-Calls for only one publication (instead of ten) in the official paper, and provides further for circulation of the charter in convenient pamphlet form among the voters. The blanket form of publication for charters makes it difficult to read them.

Eighth-Allows at least sixty days for a charter campaign ; time is now twenty to forty-too short for a general circulation of the charter, and full discussion.

Ninth-Provides that in case of conflict in the provisions of two or more amendments to a charter the one receiving the higher vote shall govern as to matters in conflict.

Tenth--Simplifies the provision for organization of boroughs.

Eleventh-Reduces the length of this section from five pages to three.

The exceeding complexity of the amendment to this section of the constitution adopted in 1911 has raised many problems in adopting charters or amending them afterwards. This amendment clears up doubts and makes the system simple, certain and flexible.

WM. C. CLARK, Assemblyman Thirty-seventh District.

ARTHUR L. SHANNON, Assemblyman Thirty-second District.

some

LEGISLATIVE CONTROL OF IRRIGATION, RECLAMATION

AND DRAINAGE DISTRICTS. Assembly Constitutional Amendment 47 amending section 13 of article XI of constitution.

Present section unchanged but proviso added authorizing legislature to provide for supervision, regulation and conduct, in such manner as it may determine, of affairs of irrigation, reclamation or drainage districts, organized or existing under laws of this state. Assembly Constitutional Amendment No. 47, a ARGUMENT IN FAVOR OF ASSEMBLY CON

resolution to propose to the people of the STITUTIONAL AMENDMENT NO. 47. State of California an amendment to the Constitution of the State of California to amend

Assembly Constitutional Amendment No. 47 section thirteen of article eleven relating to

will make no change in section 13 of article XI supervision, regulation and conduct of the of the Constitution of California except to add a affairs of irrigation, reclamation or drainage clause, following the word “whatever,” to redistricts.

move doubt as to the right of the state to proThe legislature of the State of California at vide for "the supervision, regulation and conduct" its regular session, commencing on the sixth day

of irrigation, reclamation and drainage districts, of January, 1913, two thirds of the members

in order to increase confidence in the bonds of elected to each of the two houses of the said

such districts. legislature voting in favor thereof, hereby pro

In recent years considerable legislation has poses to the qualified electors of the state that been enacted, especially with reference to irrigasection thirteen of article XI of the Constitution tion districts, to safeguard the issuance of their of the State of California be amended to read as

bonds and to widen the market for them. follows:

Experience has shown, however, that
PROPOSED LAW.

measure of state supervision of the affairs of the

districts is desirable, at least during the period Section 13. The legislature shall not delegate of the construction of their work, in order to to any special commission, private corporation, assure investors in their bonds that the proceeds company, association or individual any power to

of the bonds will be so expended that the dismake, control, appropriate, supervise or in any tricts will be successful. In construing section 13 way interfere with any county, city, town or of article XI of the constitution as it now stands, municipal improvement, money, property, or

our supreme court has held that it applies to effects, whether held in trust or otherwise, or to

irrigation districts. levy taxes or assessments or perform any mu- Therefore the state could not provide for effecnicipal function whatever, except that the leg- tive supervision of their affairs. It has never islature shall have power to provide for the been held that this section applies to reclamasupervision, regulation and conduct, in such

tion and drainage districts, but they have been manner as it may determine, of the affairs of

included in the amendment to remove any doubt irrigation districts, reclamation districts or

as to the right of the state to provide for their drainage districts, organized or existing under

supervision. This amendment was suggested by any law of this state.

representatives of the districts, It does not affect Section 13, article XI, proposed to be amended, any other interest and does not commit the state now reads as follows:

to any policy. It simply makes possible the

adoption of such measures for strengthening the EXISTING LAW.

securities of these districts as the legislature may Section 13. The legislature shall not delegate find to be desirable. to any special commission, private corporation, The amendment was unanimously approved by company, association, or individual, any power both houses of the legislature after a careful into make, control, appropriate, supervise, or in vestigation of its merits, as a practical measure any way interfere with any county, city, town, in furtherance of the development of California. or municipal improvement, money, property, or

J. A. MURRAY, effects, whether held in trust or otherwise, or to

Assemblyman Eighth District. levy taxes or assessments, or perform any mu

HUGH B. BRADFORD, nicipal functions whatever.

Assemblyman Fifteenth District.

COUNTY CHARTERS. Assembly Constitutional Amendment 60 amending section 71/2 of article XI of constitution.

Present section unchanged except in following particulars : Authorizes county charter framed thereunder to relate to any matters authorized by constitution, and adds paragraph 41 authorizing such charter to provide for discharge by county officers of certain municipal functions of any municipality within said county incorporated under general laws which so authorize, or of any municipality therein whose charter framed under section 8 of article XI so authorizes. Assembly Constitutional Amendment No. 60, a said, or such presentation of said petition to said

resolution to propose to the people of the board of supervisors, said board of freeholders State of California an amendment to the con- may be elected at such general election. Candistitution of said state by amending section dates for election as members of said board of seven and one half, article XI thereof relating freeholders shall be nominated by petition, subto charters of counties and amendments to stantially in the same manner as may be prosuch charters and to the surrender thereof. vided by general law for the nomination, by

petition of electors, of candidates for county The legislature of the State of California at its

offices, to be voted for at general elections. It 40th regular session commencing on the sixth

shall be the duty of said board of freeholders, day of January, 1913, two thirds of all the mem- within one hundred and twenty days after the bors elected to each of the two houses of said result of such election shall have been declared lgislature voting therefor hereby proposes to

by said board of supervisors, to prepare and prothe people of the State of California that section pose a charter for said county, which shall be

signed in duplicate by the members of said board seven and one half of articie XI of the constitu

of freeholders, or a majority of them, and be tion of the state be amended' so as to read as

filed, one copy in the office of the county clerk of follows:

said county and the other in the office of the PROPOSED LAW.

county recorder thereof. Said board of superSection 73. Any county may frame a charter

visors shall thereupon cause said proposed charfor its own government consistent with and sub

ter to be published for at least ten times in a ject to the constitution (or, having framed such

daily newspaper of general circulation, printed,

published and circulated in said county; proa charter, may frame a new one,) and relating

vided, that in any county where no such daily to matters authorized by provisions of the con- newspaper is printed, published and circulated, stitution, by causing a board of fifteen freehold- such proposed charter shall be published for at ers, who have been for at least five years quali- least three times in at least one weekly newsfied electors thereof, to be elected by the qualified paper, of general circulation, printed, published

and circulated in such county; and provided, that electors of said county, at a general or special

in any county where neither such daily nor such election. Said board of freeholders may be so

weekly newspaper is printed, published and cirelected in pursuance of an ordinance adopted by

culated, a copy of such proposed charter shall be the vote of three fifths of all the members of the posted by the county clerk in three public places board of supervisors of such county, declaring in said county, and on or near the entrance to at that the public interest requires the election of least one public schoolhouse in each school dis

trict in said county, and the first publication or such board for the purpose of preparing and pro

the posting of such proposed charter shall be posing a charter for said county, or in pursuance

made within fifteen days after the filing of a of a petition of qualif.ed electors of said county

copy thereof, as aforesaid, in the office of the as hereina ter provided. Such petition, signed county clerk. Said proposed charter shall be by filteon per centum of the qualified electors of submitted by said board of supervisors to the said county, computed upon the total number of qualified electors of said county at a special elecvotes cast therein for all candidates for governor

tion held not less than thirty days nor more than at the last preceding general election at which a

sixty days after the completion of such publica

tion, or after such posting; provided, that if a governor was elected, praying for the election of

general election shall occur in said county not a board of fifteen freeholders to prepare and pro- less than thirty days nor more than sixty days pose a charter for said county, may be filed in after the completion of such publication, or after the office of the county clerk. It shall be the

such posting, then such proposed charter may duty of sai l' county clerk, within twenty days be so submitted at such general election.

If a after the filing of said petition, to examine the majority of said qualified electors, voting thereon same, and to ascertain from the record of the

at such general or special election, shall vote in registration of electors of the county, whether

favor of such proposed charter, it shall be deemed

to be ratified, and shall be forthwith submitted sail petition is signed by the requisite number of

to the legislature, if it be in regular session, qualified electors. If required by said clerk, the otherwise at its next regular session, or it may board of supervisors shall authorize him to em- be submitted to the legislature in extraordinary Iloy persons specially to assist him in the work session, for its approval or rejection as a whole, of examining such petition, and shall provide for

without power of alteration or amendment. Such their compensation. Upon the completion of such

approval may be made by concurrent resolution,

and if approved by a majority vote of the memexamination, said clerk shall forthwith attach

bers elected to each house, such charter shall beto said petition his certificate, properly dated,

come the charter of such county and shall become showing the result thereo., and ii, by said cer- the organic law thereof relative to the matters titicate, it shall appear that said petition is signed therein provided, and supersede any existing by the requisite number of qualified electors, said charter framed under the provisions of this secclerk shall immediately esent said petition to tion, and all amendments thereof, and shall the board of supervisors, if it be in session, other- supersede all laws inconsistent with such charter wise at its next regular meeting after the date of

relative to the matters provided in such charter. such certificate. Upon the adoption of such ordi

A copy of such charter, certified and authenti

cated by the chairman and clerk of the board of nance, or the presentation of such petition, said

supervisors under the seal of said board and board of supervisors shall order the holding of a attested by the county clerk of said county, setspecial election for the purpose of electing such ting forth the submission of such charter to the board of freeholders, which said special election electors of said county, and its ratification by shall be held not less than twenty days nor more them, shall, after the approval of such charter than sixty days after the adoption of the ordi- by the legislature, be made in duplicate, and filed, nance a’oresaid or the presentation of said peti- one in the office of the secretary of state and the tion to said board of supervisors; provided, that other, after being recorded in the office of the if a general election shall occur in said county recorder of said county, shall be filed in the office not less than twenty days nor more than sixty of the county clerk thereof, and thereafter all days after the adoption of the ordinance afore- courts shall take judicial notice of said charter.

as

or

The charter, so ratified, may be amended by proposals therefor submitted by the board of supervisors of the county to the qualified electors thereof at a general or special election held not less than thirty days nor more sixty days after the publication of such proposals for ten times in a daily newspaper of general circulation, printed, published and circulated in said county ; provided, that in any county where no such daily newspaper is printed, published and circulated, such proposed charter shall be published for at least three times in at least one weekly newspaper, of general circulation, printed, published and circulated in such county ; provided, that in any county where neither such daily nor such weekly newspaper is printed, published and circulated, a copy of such proposed charter shall be posted by the county clerk in three public places in said county, and on or near the entrance to at least one public schoolhouse in each school district in said county. If a majority of such qualified electors voting thereon, at such general or special election, shall vote in favor of any such proposed amendment or

amendments,

or

any amendment or amendments proposed by petition

hereinafter provided, such amendment amendments shall be deemed to be ratified, and shall be forthwith submitted to the legislature, if it be in regular session, otherwise at its next regular session, or may be submitted to the legislature in extraordinary session, for approval or rejection as a whole, without power of alteration or amendment, and if approved by the legislature, as herein provided for the approval of the charter, such charter shall be amended accordingly. A copy of such amendment or amendments shall, after the approval thereof by the legislature, be made in duplicate, and shall be authenticated, certified, recorded and filed as herein provided for the charter, and with like force and effect. Whenever a petition signed by ten per centum of the qualified electors of any county, computed upon the total number of votes cast in said county for all candidates for governor at the last general election, at which a governor was elected, is filed in the office of the county clerk of said county, petitioning the board of supervisors thereof to submit any proposed amendment or amendments to the charter of such county, which amendment or amendments shall be set forth in full in such petition, to the qualified electors thereof, such petition shall forthwith be examined and certified by the county clerk, and if signed by the requisite number of qualified electors of such county, shall be presented to the said board of supervisors, by the said county clerk, as hereinbefore provided for petitions for the election of boards of freeholders. Upon the presentation of said petition to said board of supervisors, said board must submit the amendment or amendments set forth therein to the qualified electors of said county at a general or special election held not less than thirty days nor more than sixty days after the publication or posting of such proposed amendment or amendments in the same manner as hereinbefore provided in the case of the submission of any proposed amendment or amendments to such charter, proposed and submitted by the board of supervisor s. In submitting any such charter,

or

amendments thereto, any alternative article or proposition may be presented for the choice of the electors, and may be voted on separately without prejudice to others.

Every special election held under the provisions of this section, for the election of boards of freeholders or for the submission of proposed charters, or any amendment or amendments thereto, shall be called by the board of supervisors, by ordinance, which shall specify the purpose and time of such election and shall establish the election precincts and designate the polling places therein, and the names of the election officers for each such precinct. Such ordinance, prior to such election, shall be published five times in a daily newspaper, or twice in a weekly newspaper, if there be no such daily newspaper, printed, published and circulated in said county; provided, that if no such daily or weekly newspaper be printed or published in such county, then a copy of such ordinance shall be posted by the county clerk in three public places in such county and in

or near the entrance to at least one public schoolhouse in each school district therein. In all other respects, every such election shall be held and conducted, the returns thereof canvassed and the result thereoi declared by the board of supervisors in the same manner as provided by law for general elections. Whenever boards of freeholders shall be elected, or any such proposed charter, or amendment or amendments thereto, submitted, at a general election, the general laws applicable to the election of county officers and the submission of propositions to the vote or electors, shall be followed in so far as the same may be applicable thereto.

It shall be competent, in all charters, framed under the authority given by this section to provide, in aduition to any other provisions allowable by this constitution, and the same shall provide, 1or the ollowing matteis:

1. For boards of supervisors and for the constitution, regulation and government thereof, for the times at which and the terms for which the members of said board shall be elected, for the number or members, not less than three, that shall constitute such boards, for their compensation and ior their election, either by the electors of the counties at large or by districts ; provided, that in any event said board shall consist of one member for each district, who must be a qualified elector thereof; and

2. For sheriffs, county clerks, treasurers, recorders, license collectors, tax collectors, public administrators, coroners, surveyors, district attorneys, auditors, assessors and superintendents of schools, for the election or appointment of said officers, or any of them, for the times at which and the terms for which, said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors, and, if appointed, for the manner of their appointment; and

3. For the number of justices of the peace and constables for each township, or for the number of such judges and other officers of such inferior courts as may be provided by the constitution or general law, for the election or appointment of said officers, for the times at which and the terms for which said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors, and if appointed, for the manner of their appointment; and

4. For the powers and duties of boards of supervisors and all other county officers, for their removal and for the consolidation and segregation of county offices, and for the manner of filling all vacancies occurring therein ; provided, that the provisions of such charters relating to the powers and duties of boards of supervisors and all other county officers shall be subject to and controlled by general laws; and

41/2. For the assumption and discharge by county officers of certain of the municipal functions of the cities and towns within the county, whenever, in the case of cities and towns in. corporated under general laws, the discharge by county officers of such municipal functions is authorized by general law, or whenever, in the case of cities and towns organized under section eight of this article, the discharge by county officers of such municipal functions is authorized by provisions of the charters, or by amendments thereto, of such cities or towns.

5. For the fixing and regulation by boards of supervisors, by ordinance, of the appointment and number of assistants, deputies, clerks, attachés and other persons to be employed, from time to time, in the several offices or the county, and for the prescribing and regulating by such boards of the powers, duties, qualifications and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal; and

6. For the compensation of such fish and game wardens, probation and other officers as may be provided by general law, or for the fixing of such compensation by boards of supervisors.

All elective officers of counties, and of townships, of road districts and of highway construction divisions therein shall be nominated and

elected in the manner provided by general laws for the nomination and election of such officers.

All charters framed under the authority given by this section, in addition to the matters herein above specified, may provide as follows:

For offices other than those required by the constitution and laws of the state, or for the creation of any or all of such offices by boards of supervisors, for the election or appointment of persons to fill such offices, for the manner of such appointment, for the times at which and the terms for which such persons shall be so elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors.

For offices hereafter created by this constitution or by general law, for the election or appointment of persons to fill such offices, for the manner of such appointment, for the times at which and the terms for which such persons shall be so elected or appointed, and for their compensation, or for the fixing of such compensation by boards of supervisors.

For the formation, in such counties, of road districts for the care, maintenance, repair, inspection and supervision only of roads, highways and bridges; and for the formation, in such counties, of highway construction divisions for the construction only of roads, highways nd bridges; for the inclusion in any such district or division, of the whole or any part of any incorporated city or town, upon ordinance passed by such incorporated city or town authorizing the same, and upon the assent to such inclusion by a majority of the qualified electors of such incorporated city or town, or portion thereof, proposed to be so included, at an election held for that purpose ; for the organization, government, powers and jurisdiction of such districts and divisions, and for raising revenue therein, for such purposes, by taxation, upon the assent of a majority of the qualified electors of such districts or divisions, voting at an election to be held for that purpose; for the incurring of indebtedness therefor by such counties, districts or divisions for such purposes respectively, by the issuance and sale, by the counties, of bonds of such counties, districts or divisions, and the expenditure of the proceeds of the sale of such bonds, and for levying and collecting taxes against the property of the counties, districts or divisions, as the case may be, for the payment of the principal and interest of such indebtedness at maturity; provided, that any such indebtedness shall not be incurred without the assent of two thirds of the qualified electors of the county, district or division, as the case may be, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also for a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same, and the procedure for voting, issuing and selling such bonds shall, except in so far as the same shall be prescribed in such charters, conform to general laws for the authorizing and incurring by counties of bonded indebtedness, so far as applicable; provided, further, that provisions in such charters for the construction, care, maintenance, repair, inspection and supervision of roads, highways and bridges for which aid from the state is granted, shall be subject to such regulations and conditions as may be imposed by the legislature.

Whenever any county has framed and adopted a charter, and the same shall have been approved by the legislature, as herein provided, the general laws adopted by the legislature in pursuance of sections four and five of this article, shall, as to such county, be superseded by said charter as to matters for which, under this section it is competent to make provision in such charter, and for which provision is made therein, except as herein otherwise expressly provided; and except that any such charter shall not affect the tenure of office of the elective officers of the county, or of any district, township or division thereof, in office at the time such charter goes into effect, and such officers shall continue to hold their respective offices until the expiration of the term for

which they shall have been elected, unless sooner removed in the manner provided by law.

The charter of any county, adopted under the authority of this section, may be surrendered and annulled with the assent of two thirds of the qualified electors of such county, voting at a special election, held for that purpose, and to be ordered and called by the board of supervisors of the county upon receiving a written petition, signed and certified as hereinabove provided for the purposes of the adoption of charters, requesting said board to submit the question of the surrender and annulment of such charter to the qualified electors of such county, and, in

the event of the surrender and annulment of any such charter, such county shall thereafter be governed under general laws in force for the government of counties.

The provisions of this section shall not be applicable to any county that is consolidated with any city.

Section 71, article XI, proposed to be amended, now reads as follows:

EXISTING LAW. Section 72. Any county may frame a charter for its own government consistent with and subject to the constitution (or, having framed such a charter, may frame a new one,) relating to the matters hereinafter in this section specified, and none other, by causing a board of fifteen freeholders, who have been for at least five years qualified electors thereof, to be elected by the qualified electors of said county, at a general or special election. Said board of freeholders may be so elected in pursuance of an ordinance adopted by the vote of three fifths of all the members of the board of supervisors of such county, declaring that the public interest requires the election of such board for the purpose of preparing and proposing a charter for said county, or in ptirsuance of a petition of qualified electors of said county as hereinafter provided. Such petition, signed by fifteen per centum of the qualified electors of said county, computed upon the total number of votes cast therein for all candidates for governor at the last preceding general election at which a gov. ernor was elected, praying for the election of a board of fifteen freeholders to prepare and propose a charter for said county, may be filed in the office of the county clerk. It shall be the duty of said county clerk, within twenty days after the filing of said petition, to examine the same, and to ascertain from the record of the registration of electors of the county, whether said petition is signed by the requisite number of qualified electors. If required by said clerk, the board of supervisors shall authorize him to' employ persons specially to assist him in the work of examining such petition, and shall provide for their compensation. Upon the completion of such examination, said clerk shall forthwith attach to said petition his certificate, properly dated, showing the result thereof, and if, by said certificate, it shall appear that said petition is signed by the requisite number of qualified electors, said clerk shall immediately present said petition to the board of supervisors, if it be in session, otherwise at its next regular meeting after the date of such certificate. Upon the adoption of such ordinance, or the presentation of such petition, said board of supervisors shall order the holding of a special election for the purpose of electing such board of freeholders, which said special election shall be held not less than twenty days nor more than sixty days after the adoption of the ordinance aforesaid or the presentation of said petition to said board of supervisors; provided, that if a general election shall occur in said county not less than twenty days nor more than sixty days after the adoption of the ordinance aforesaid, or such presentation of said petition to said board of supervisors, said board of freeholders may be elected at such general election. Candidates for election as members of said board of freeholders shall be nominated by petition, substantially in the same manner as may be provided by general law for the nomination, by petition of electors, of candidates for county offices, to be voted for at general elections.

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