the applicant from any liability or consequences under this act in respect of the matters excused by the order. If the application is made by a creditor, the court may, under like conditions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated.

SEC. 36. No candidate of any political party or organization can have his name printed upon any ballot, to be voted for as a candidate for public office at any election in this state, unless he shall have been nominated by a convention composed of delegates chosen as provided by this act; provided, however, that nothing in this act shall prevent any candidate from being nominated as provided in section eleven hundred and eighty-eight of the Political Code; but such nominees can have no other designation on the ballot than the word "Independent"; and provided further, that no more than one candidate shall be nominated by one petition.

SEC. 37. No ticket or ballot must, on the day of a primary election, be given or delivered to or received by any person except the inspector, or a judge acting as inspector, within one hundred feet of the polling place. No person must, on the day of election, hold any ticket or unfold any ballot which he intends to use in voting, within one hundred feet of the polling place; exhibit to any other in any manner, by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, solicit the support or vote of any other person, nor request another person to exhibit or disclose the contents of any ticket or ballot which such other persons in

tend to use in voting. If at any precinct or polling place there shall be a line of persons desiring to vote, no person shall remain in such line after he has voted, or after an opportunity has been had for him to so vote, nor shall such line be in any manner delayed or hindered.

SEC. 38. No polling place shall be held in any saloon where malt, vinous, or spirituous liquors are sold, or in any room leading from, or in any manner connected with such saloon.

SEC. 39. Immediately upon making out the credentials of any delegates elected under this law, the clerk shall mail to the secretary of each political party or organization which participated in the primary, a complete list of all delegates to whom credentials shall have been given, either by himself or by the various precinct officers as herein provided, and said clerk must, in a proper book to be kept by him, record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, and whether issued by himself or by the various precinct officers as aforsaid, and if any delegate entitled to credentials shall not have received his credentials, or have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "Duplicate.

SEC. 40. When, at any time after the passage of this act, there is in any county, or city and county in this state, a duly qualified and acting registrar of voters, then, during the period that there shall be such a duly qualified and acting registrar of voters, all the duties herein imposed and acts required to be done by the county clerk of such county, or city and county, are hereby imposed and required to be done by such registrar of voters, in the place and stead of such county clerk.

SEC. 41. Within thirty days after the passage of this act the secretary of state shall cause twenty thousand copies of this act to be printed in pamphlet form for free distribution.

SEC. 42. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 43. This act shall take effect immediately.

The primary election law known as the "Porter law" of 1865 [Stats. p. 438] was superseded by the adoption of the codes. See Political Code, sections 1357-1365. Both the Porter law and the code left it optional with political parties whether to hold primary elections thereunder or not.

A primary election law was passed in 1895 [Stats. p. 207], but by section 26 of the act it was declared to be applicable only to counties of the first and second classes, and it was therefore held unconstitutional in Marsh v. Supervisors, 111 Cal. 370. See also Gett v. Supervisors, 111 Cal. 367.

PROTECTION OF CANDI

DATES.

An act to protect candidates for certain public offices, to prohibit certain acts by such candidates, and to provide a punishment for infrac tions of this law.

[Approved March 2, 1897. Stats. p. 53.]

SECTION 1. It shall be unlawful for any person, either individually or as an officer or member of any committee or association, to demand or solicit of any candidate for the legislature, or of any candidate for supervisor, or of any candidate for school director, or of any candidate for any legisla tive body, that he shall vote for any particular bill or specific measure which may come before any such legislative body to which he may be elected; provided always, that this inhibition shall not in any case apply to the pledges exacted of a candidate by the platform or resolutions of any convention by which any such candidate may be nominated.

SEC. 2. It shall be unlawful for any candidate for the legislature, or for any candidate for supervisor, or for any candidate for school director, or for any candidate for any other legislative body, to sign or give any pledge that he will vote for or against any particular bill or specific measure that may be brought before any such legislative body; provided always, that this prohibition shall not apply to any pledge or promise that any such candidate may give to a convention by which he may be nominated for any such office, or to those who may sign a certificate for his nomination.

SEC. 3. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and any candidate violating any provision of this act shall, in addition, be disqualified from holding the office to which he may be elected.

WATER RATES.

An act to regulate and control the sale, rental, and distribution of appropriated water in this state, other than in any city, city and county, or town therein, and to secure the rights of way for the conveyance of such water to the places of use.

[Approved March 12, 1885. Stats. p. 95.]

SECTION 1. The use of all water now appropri ated, or that may hereafter be appropriated, for irrigation, sale, rental, or distribution, is a public use, and the right to collect rates or compensation for use of such water is a franchise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regulated and controlled in the counties of this state by the several boards of supervisors thereof, in the manner prescribed in this act.

SEC. 2. The several boards of supervisors of this state, on petition and notice as provided in section three of this act, are hereby authorized and required to fix and regulate the maximum rates at which any person, company, association, or corporation, having or to have appropriated water for sale, rental, or distribution, in each of such counties, may and shall sell, rent, or distribute the

same.

SEC. 3. Whenever a petition of not less than twenty-five inhabitants, who are taxpayers of any county of this state, shall, in writing, petition the board of supervisors thereof, to be filed with the clerk of said board, to regulate and control the rates and compensation to be collected by any person, company, association, or corporation, for the