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It matters little then whether he received his train- granted to any person who claims to have pracing in an old school, a homeopathic, an eclectic, ticed drugless healing for six months prior to an osteopathic, or a drugless healing college. the passage of this act.
Referring now to the special initiative petition, There is nothing to forbid this new board, which gives the impression that drugless healers under section 20, from granting a license to the are sinned against in California, I wish to state gradựates of a “correspondence school" of drugthat this is a misstatement, for the present med- less healing, or any other kind of a school, or ical law provides for "Drugless Practitioners' perhaps no school at all, as long as the man Certificates"; and of such applicants, only 2,400 states that he has been a "drugless practitioner" hours of study are required as against 4,800 for six months. hours of those who wish a “Physicians and In conclusion, then, defeat this proposed law Surgeons' Certificate.” The "physicians and sur- for the "licensing of drugless healers.' geons" must in addition have adequate prelim- First-Because it could flood California with inary education, which is not demanded of the so-called doctors with professional training alto"drugless healers.”
gether inadequate to such a sacred calling; and, The proposed law to license "drugless heal- Second-Because the present California law ers" demands virtually that a man shall have gives all of these drugless healers who have anyonly a knowledge of reading, writing and arith- thing like a decent education a chance to obtain metic, and that he shall attend at least eighteen licenses. months of training in a drugless practitioners Therefore, vote "No" on this proposed law if school. (Section 9 of proposed act.) Think of it! you wish to safeguard the public health of Cali
But worse than this is section 20 of the pro- fornia, and perhaps the lives of your own family posed measure, which permits a license to be and friends.
GEORGE E. MALSBARY. VOTING BY ABSENT ELECTORS. Initiative act providing for issuance of certificate of identification and ballot to voters who will be absent from home precincts on election day; provides that upon presentation by elector of such certificate and ballot in sealed envelope to judge of election on election day at polls in any precinct more than ten miles from polls where registered, such elector may mark said ballot in secret, judge to mail same to county clerk where voter registered; prescribes form of certificate and canvass of ballots; authorizes elector to vote at home precinct upon surrender of certificate and ballot.
The electors of the State of California petition mary election held in the state, any registered Ito submit to the electors at the succeeding gen- voter of any county or city and county in the eral election occurring subsequent to ninety days state may apply (in person) to the county clerk after the presentation of this petition, or at any of the county of which the applicant is a resispecial election which may be called by the gov- dent and a registered voter, and have issued to ernor in his discretion prior to such general elec- him an identification certificate, which certificate tion, the following proposed law, which is in shall be void after the date of the election held words and figures as follows, to-wit :
next following its issuance, and an official ballot, An act to provide for the issuance of identifica
in the manner hereinafter provided for. tion certificates and ballots to duly registered
Sec. 2. It shall be the duty of the county clerk voters; to provide the form of such certifi- of each county in the state to provide identificacates ; to provide the manner of issuing such tion certificates, which certificates shall be printed certificates and ballots; to permit registered on the same leaf with a stub and shall be sepvoters to whom such certificates and ballots
arated therefrom by a perforated line which shall have been issued to vote in the manner provided by this act, and to provide the manner
extend from the top to the bottom of each leaf. in which such votes shall be cast and counted.
The stubs and certificates shall be numbered
consecutively in each county and the number on The people of the State of California do enact
each certificate shall be the same as that on the as follows:
corresponding stub. The stubs and certificates Section 1. Not less than ten and not more herein provided for shall contain the following than twenty days preceding any general or pri- and shall be in form substantially as follows:
(Color of hair)
(Date of issuance of ballot) Number of ballot
(Date of applicant's registration)
(Signature of applicant) Ballot issued.
19--(Date of issuance)
Number of ballot-I hereby certify that the above is a true description of
а. registered voter of precinct. the county of__
State of California, who registered on..
191.-, and who at the time registered stated (or declined to state)-- ---intention to affiliate with the- ---party at the ensuing election. This certificate shall be void after..
(Date of ensuing election) (Seal)
County Clerk. By
(Deputy County Clerk.)
(Applicant's voting precinct) Certificate void after
(Date of ensuing election)
(Signature of person issuing certificate)
(Signature of applicant)
On the back of each identification certificate shall be printed the following affidavit: State of California,
$8. County of .. I,
do solemnly swear (or affirm) that I have resided in the State of California more than one year, next preceding this date, and in the..
...county of ... more than ninety days, next preceding this date and in the
.voting precinct of the city and county, city, town, district or ward of..
more than thirty days, next preceding this date; that I am in all respects a duly qualified elector of said voting precinct, and a resident thereof; that I am a....
and that because of my duties or occupation or business as such... I am required to be absent from my voting precinct on this day, and have had and will have no opportunity to vote there; and that I have not voted elsewhere at this election. Signed
impression will appear on each side of the perforated line.
she clerk or deputy issuing the certificate shall then remove from the book of ballots, in the order in which the ballots are numbered, one of the ballots to be used at the ensuing election in the precinct of which the applicant is a qualified roter, and after properly folding same, shall enclose the identification certificate and the ballot in a strong envelope. He shall also enclose in the same envelope with the identification certificate and ballot an unsealed envelope on which shall be printed the name and address of the county clerk of the county from which the certificate and ballot are issued, and the words, "Identification certificate and ballot of absent voter." He shall then securely seal the envelope in which are inclosed the identification certificate, ballot and unsealed envelope with sealing wax. On the face of the envelope the clerk, or deputy shall make the following record: "Identification certificate and ballot issued to.
a voter of precinct. on.
Judge of election in precinct No..
State of California. Sec. 3. When application therefor is made by any registered voter of the county, who is entitled to vote at the ensuing election, the county clerk shall fill in, or cause to be filled in, all of the blanks on the stub and certificates: shall number the same, affix to the certificate the seal of the superior court of the county, and after signing the same, shall issue the certificate to the applicant therefor. Before separating the certificate from the stub, and after affixing the seal to the certificate, the person issuing the certificate shall affix the seal to the stub and certificate in such a manner that a portion of the
(Signature of clerk or deputy) The name of the person to whom the certificate and ballot shall be issued and the number of the certificate and ballot shall, by the person issuing them, be entered in a precinct register. A register shall be kept for each precinct and only the names and number of certificates and ballots issued to voters of the precinct shall be recorded therein. Each register shall constitute a part of the election supplies for that precinct and shall be sent with the other supplies to the election board of that precinct. The following shall be the form of the precinct register:
PRECINCT... The following named registered voters of precinct. county of ..
State of California, were furnished with bullots and identification certificates on the dates set opposite their re pective names: Certificate Number.
The clerk shall preserve the stubs corresponding to certificates issued prior to the election at which the certificates may be issued, during such time as the ballots used in said election are preserved, after which time the clerk shall destroy both the stubs and certificates in the manner provided by law for the destruclion of ballots.
Sec. 4. Any person to whom an identification certificate and ballot shall have been issued, as herein provided, shall be entitled to vote during any election in any voting precinct more than ten miles distant from the polls of the precinct of which he is a registered voter, on the day of such election, subject to the following regulations. No voter so entitled to vote shall be entitled to vote for any persons except those for whom he would be entitled to vote by voting at the polling place of the precinct of which he is a registered voter.
Sec. 5. The voter so entitled to vote shall present himself at the polls in any voting precinct in the state, more than ten miles dictant from the polls in the precinct of which he is a registered voter, during the voting hours, and shall hand the sealed envelope containing the identification certificate and ballot, which shall have been issued to him, to a judge of the election. The judge shall thereupon break the seal of the envelope and remove the certificate and ballot therefrom. The voter must then make and subscribe before one of the judges of the election, the affidavit required to be printed on the back of each identification certificate. If it appear to the reasonable satisfaction of the judges of the election board that the person presenting the identification certificate and subscribing to the affidavit required, is the same person described on the face of the certificate, and to whom the certificate was issued, and if the number of the ballot is the same as the number appearing on the identification certificate after the words, "Number of ballot,” provided that before said ballot shall be returned to the voter it shall be carefully examined by said judge who shall not return it to said voter if said hallot has been marked, mutilated or contains any distinguishing marks. If the ballot bas not been marked, mutilated and contains no distinguishing marks, the judge shall return the ballot to the voter, who shall thereupon retire to a voting booth and mark and fold the same.
The voter shall then hand the ballot to a judge of the election, who shall, if the number of the ballot be the same as the number appearing on the identification certificate after words, "Number of ballot," enclose the identification certificate and the ballot and securely seal the same. Immediately after the polls have closed, the judges of the election board shall mail all such envelopes with their contents, postage prepaid, to the county clerks to whom they are addressed.
Sec. 6. At ten o'clock a. m. on the first Monday after each election, the county clerk, the district attorney, the county auditor, and the county treasurer shall meet in the office of the county clerk and proceed, in the presence of any citizens who may be present, to open all envelopes containing identification certificates and ballots and examine the certificates as herein provided. The clerk chall open one envelope at a time and remove therefrom the certificate and ballot. The officers mentioned in this section shall then proceed to compare the certificate with the stub corre ponding thereto, for the purpose of determining whether the certificate is the one issued to the person named on the stub and certificate; provided that the ballot shall under no circumstances be unfolded during the proceedings of the officers named in this section. If it appear that the certificate is the one issued to the person named thereon, the clerk shall securely seal the stub and certificate in a blank envelope, and after separating the slip containing the number from the ballot, shall deposit the ballot without unfolding the same, in a box provided solely for ballots cast and received in the manner provided in this act. The number of each ballot shall be immediately destroyed. All blank envelopes containing stubs and certificates shall be enclosed in a large package, which shall be securely sealed and preserved unopened by the county clerk during such time as the ballots are preserved. If on comparison it appears that the certificate does not correspond to any stub of certificates issued, the stub and certificate shall be delivered to the district attorney, who shall be charged with the preservation of the same, and whose duty it shall be to at once commence an investigation for the purpose of discovering and prosecuting the person who committed the fraud; the ballot shall, with the number remaining attached thereto, be sealed with other ballots rejected in the same manner, in a package which shall be marked "Rejected ballots of absent voters.' The county clerk of the county shall preserve the ballot box in which properly authenticated ballots have been deposited, unopened, in his office until the board of supervisors canvass the vote according to law, at which time the ballot box shall be opened by a member of said board of supervisors. The ballots therein contained shall be recorded upon a poll sheet provided for the recording of ballots of absent voters. In canvassing the vote at said election, the board of supervisors shall count the votes of all absent voters taken as herein provided, and shall count the votes so cast as a part of total vote cast for the candidates for whom the votes were cast. After said votes have been counted the ballots shall be securely sealed in a package which shall be marked, "Ballots of absent voters,” and shall be disposed of in the manner provided by law for the disposition of other ballots.
Sec. 7. If any person to whom the certificate and ballot herein provided for, shall be present in the voting precinct of which he is a registered voter, on the election day next following the issuance of the certificate and ballot, he shall be entitled to vote in the following manner. A member of the election board shall first examine the register of voters of the precinct to whom certificates and ballots have been issued, and if the name of the voter appear therein, he shall first be required to surrender to the officers of the election board the envelope containing the certificate and ballot. A member of the election board shall then cancel the name of the voter on ihe register by drawing a line through it and shall also write on the face of the envelope the word "cancelled," and cut or tear the envelope and its contents half way across the middle. The voter shall then receive a ballot and be allowed to vote as in other cases provided by law. The envelope with its contents shall be transmitted to the county clerk, who shall open the same and proceed to destroy the ballot, certificate and the stub corresponding thereto.
Sec. 8. If any person shall wilfully swear falsely to the affidavit herein provided for, he shall upon conviction thereof be deemed guilty of perjury and be punished as in such cases provided by law. If the officers of the election permit any person to vote as herein provided for without his taking said affidavit, or shall neglect or refuse to perform any of the duties prescribed by this act, they shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be punished as in such cases provided by law. If any member of the board of supervisors or any county clerk or district attorney, or other county officer, shall refuse or neglect to perform any of the duties prescribed by this act, or shall reveal or divulge any of the details of any ballot, or certificate herein provided for, he shall upon conviction thereof, be adjudged guilty of a misdemeanor and punished as in such cases provided by law.
Sec. 9. In cities and counties, or counties, in which boards of election commissioners have been created, the duties herein prescribed to be performed by the board of supervisors shall be performed by the boards of election commissioners, and the duties herein prescribed to be performed by the county clerks shall in counties and cities and counties in which the office of registrar of voters has been created, be performed by such registrar of voters.
ARQUMENT IN FAVOR OF VOTING BY
ABSENT ELECTORS. This proposed law, commonly known as the Postal Voting Act, is designed in the interests of a large number of citizens who, by reason of their occupations, are generally called away from home on election day and are thus practically dis'ranchised. Incidentally, too, there are many others who, by the accidents of life, such as the sickness of an absent relative, are called away from home, The proposed measure would be of particular benefit to commercial travelers, locomotive engineers, trainmen, and railway postal clerks. It is probable that there are thirty thousand or more men in these occupations who now are prevented from voting.
The measure provides machinery through which the votes of such men as have been enumerated above may be cast and counted. The first of its provisions is that any registered voter may apply to the county clerk of the county in which he resides, not less than ten nor more than twenty days prior to a given election, and receive an identification certificate. The certificate contains a description of the man to whom it is given and his signature. It is issued under the seal of the superior court, and together with the ballot is sealed in an envelope. The voter carries this with him wherever his duties require him to go.
Election day having come, the voter may present himself at any polling place in the state and deliver the package containing his certificate and ballot to the officers of the election board. The seal is broken by them and the description contained in the certificate checked with the appearance of the man who presents it. He is also required to swear that he is the same person to whom it was issued and to sign his name to an afidavit. After all steps in the verification have been taken, the ballot is returned to the applicant and he is allowed to stamp the same. The ballot is then returned to the election board, together with the certificate, and is mailed to the county clerk by whom it was issued.
All such ballots are retained by the clerk until the day on which the official canvass of the election is made by the supervisors. At that time, the clerk, the district attorney, and other county officials designated in the measure, meet as a special board and, step by step, in an orderly way as provided, canvass all ballots of this kind received. Should cases of fraud arise, the ballots and certificates are turned over to the district attorney, whose duty it is to conduct an examination for the purpose of placing the responsibility for the fraud, and to prosecute the culprit.
The benefits from such a law are so great that the objections which may arise regarding it are hardly worthy of consideration. The judgment of the engineer, the commercial traveler or the student is quite as valuable to the welfare of: the commonwealth as that of any other class of citizens who might be named ; and if these men are to retain a healthy interest in the affairs of state, some method must be provided through which they will be allowed and encouraged to participate in the election of officials.
FRED H. HALL.
ERRORS IN TEXT. Acting under advice from the office of the attorney general, received at the outset of the preparation of this pamphlet, the constitutional amendments and other measures proposed by the legislature, and acts submitted to the referendum, have been reproduced literally as to text, exactly as they appear in the official copies on file in the state archives, even to the reprinting of typographical errors. This course was also followed with the initiative measures. Conspicuous among such errors reprinted are the following, with the pages of this pamphlet upon which they appear:
Page 5, column 1, section la, line 6, “securties" instead of "securities.”
Page 26, column 1, section 31, repetition of words beginning with word "shall” in line 17 and ending with syllable “tion” in line 22.
Page 29, column 1, title, line 3, repetition of word "the.”
LAND TITLE LAW, Torrens system of land registration
Prohibition elections, limitation of
Suspension of prohibition amendment.
See, also, CHARTERS.
Establishment of, in chartered cities---
Condemnation of property by, for public improvement
See, also, CHARTERS; PUBLIC UTILITIES; TAXATION.
See, also, CONSTITUTIONAL CONVENTIONS.
Local exemption, determined by counties or municipalities
Vessels exempted from, registered in California
Regulation of, by railroad commission..
Valuation of, by railroad commission, in condemnation proceedings
See, also, ELECTIONS.