People Ex Rel. Skelly v. City of Glendale

SCHAUER, J., Dissenting.

I would reverse the judgment. The elections here questioned were special elections. It is fundamental that in special election proceedings the giving of the notice prescribed by statute is jurisdictional. (See Stumpf v. Board of Supervisors (1901), 131 Cal. 364, 368 [63 P. 663, 82 Am.St.Rep. 350] ; People ex rel. McKune v. John B. Weller (1858), 11 Cal. 49, 62 [70 Am.Dec. 754].) The notices which were given did not meet the statutory re*737quirements. This court has no power to lessen the period of notice fixed by the Legislature. The annexation elections were therefore…