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In Re <br /> <br />Opinion of <br /> <br />Attorney O. A. Jacobs. <br /> <br />for the purpose of music and advertising purposes is <br />hereby repealed. SECTION 2. <br /> That this Ordinance shall be submitted to the qualified <br />electors of the City of Santa Aha at a special election <br />to be held for that purpose on the day of , <br />1934, and the form of the ballot sha-~e as follows: <br />"SHALL THE ORDINANCE Number 794 for music and advertising <br />be repealed?" <br /> ( ) YES <br /> <br />) NO <br /> <br /> A majority of the voters at such election will vote on <br />said Ordinance and make it effective if the vote is yes, <br />other~ise not. <br /> Said election shall be held as other elections are pro- <br />vided to be held in the said State and City. SECTION 3. <br /> The City Clerk shall publish a notice of such election <br />at least once a week for a period of four weeks prior to <br />said election, in the San~a Ana Daily Register, a newspa- <br />per of general circulation in said City and decided by <br />the Board of Trustees of said City for that purpose. <br />Notice shall contain the names of the officers of said <br />election and the polling places within said municipal <br />cincts. <br /> SECTION 4. <br /> That the 'said special election of the City of Santa Aha <br />shall be held upon the same date and at the same polling <br />places as provided for at election to be <br />held on the day of" , ~934. <br /> The City C~all cause the ordinance to be <br />three times in the Santa Ana Daily Register, a newspaper <br />published and generally circulated in the said ~ity and <br />it shall become effective if a majority of the electors <br />voting approve said ordinance at the time set for sa~ <br />special election, to-wit, the day of , 1934. <br /> The above Ordinance was passe--~-and adopted b~ the <br />mative vote of at least three trustees of the City of <br />Santa Ana, this day of , 1934, as follows: <br /> <br />and was upon the same day approved by me, <br /> <br />On motion of Trustee Penn, seconded by Bruns and carried, <br /> <br />the communication of Attorney 0. A. Jacobs giving an <br /> <br />opinion on the election law regarding vacancies and <br /> <br />appointments to the City Council, was received with thanks <br /> <br />and ordered made a part of the minutes. <br /> <br />July 9th, 1934. <br /> <br />Hon. E. G. Warner <br />Mayor of the City of Santa Aha <br />Santa Aha, California. <br /> <br />Dear Sir: <br /> <br /> In accordance with your request for a written opinion on the <br />election law regarding vacancies and .appointments to the City Council, <br />after the oral opinion given by Charles D. Swanner and 0. A. Jacobs to <br />the City Council at its informal meeting Thursday, July 5th, 1934, <br />which was given upon the request of the group of gentlemen at said <br />meeting who were representing the Chamber of Commerce and the Merchants <br />Division of Santa Ana, I am pleased to render such opinion in accord- <br />ance with my views previously expressed. <br /> Section 754 of Act ~233, of the General Laws, provides as fol- <br />lows: "Any vancancy occurring in any of the offices provided for in <br />t~is act shall be filled by appointment by the board of trustees; but <br />i~ such office be elective, such appointee shall hold office only until <br />the next regular election, at which time a person shall be elected to <br />serve for the remainder of such unexpired term. In case a member of <br />the board of trustees is absent from the city for the period of ninety <br />days, unless by permission of the board of trustees, his off~ e shall <br />by the board be declared vacant, and the same filled as in case of <br />other vacancies." <br /> The question then pres®nted under this Act is what the Legis- <br />lature meant by "~he next regular election". In accordance w~ h the <br />law, it appears that there are only two kinds of elections, "general <br /> <br /> <br />