Gilmore v. Jordan

[348]

THE COURT.

In the procurement of the papers for the candidacy of Alexander Gillmor, referred to in the proceeding herein, fraud was committed upon the electors, upon the signers to the sponsorship certificate, and upon other candidates for the same office, as defined in the case of

Power

v.

Jordan,

S. F. No. 7077.

*

Upon the authority of that case a peremptory writ of mandate is hereby ordered to issue to the registrar of voters of the city and county of San Francisco commanding him to omit the name of Alexander Gillmor from the list of candidates for the office of assemblyman from the twenty-first assembly district, to be hereafter published by him, and from the ballots to be printed and prepared. Further ordered that a transcript of testimony be delivered to the deputy city attorney representing respondent Collins, to be by him referred to the district attorney of the city and county of San Francisco for presentation to the grand jury.

*

REPORTER’S NOTE.—The case of

Powers

v.

Jordan,

cited

supra,

was a proceeding in prohibition to prevent the Secretary of State from certifying Charles A. Powers as a candidate for nomination on the Democratic ballot and also on the Republican ballot at the August, 1914, primary election. It was alleged that after petitions for the certification of Lawrence J. Flaherty had been circulated by one Schienhard and sufficiently signed for each party, the name of Flaherty was erased and “Charles A. Powers” inserted therein with design to injure the candidacy of Charles James Powers, and to confuse and mislead the electors of the twenty-fourth Senatorial District. The opinion of the court, orally delivered by Acting Chief Justice Henshaw on July 24, 1914, is as follows: