Ash v. Superior Court

CONREY, P. J.

On the twenty-seventh day of March, 1917, an action was commenced in the superior court of San Bernardino County by Grant Holcomb and others, electors in'the city of San Bernardino, against the county clerk of San

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Bernardino County, to compel the clerk to cancel certain registrations of voters. The action was instituted in accordance with section 1109 of the Political Code, which reads as follows: “Any person may proceed by action in the superior court to compel the clerk to cancel any registration made illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such registration; but if the person whose name is sought to be canceled be not a party to the action, the court may order him to be made a party defendant.” Section 1111 of the same code reads as follows: “In an action under the authority of section eleven hundred and nine the clerk and as many persons as there are causes of action against may be joined as defendants.”

The object of the action was to obtain cancellation of registrations of three groups of persons separately listed in Exhibits “A,” “B,” and “C,” of the complaint. It was alleged that each of the persons named in Exhibit “A” does not reside in and has removed from the precinct within which his affidavit of registration stated that he resided at the time of registration. As to each of the persons named in Exhibit “B,” it was alleged that the affidavit of registration fails to show whether or not the registering person is able to read the constitution of the United States. As to each of the persons named in Exhibit “C,” it is alleged that his affidavit of registration stated a place of residence of the registering person which in fact was conducted as a lodging-house, but did not show what room or floor of such house of residence the registering person occupied; that as to each of the persons named in Exhibit “C” he was not in fact the proprietor or head of or the husband or wife of the proprietor or head of said house. The affidavits of registration referred to of the persons listed in Exhibits “B” and “0” were defective, in that they failed to show facts which are required by the provisions of section 1096, subdivisions 2 and 7, of the Political Code.

Petitioner Guy L. Ash is one of the persons named in Exhibit “A”; petitioner Mrs. Irene Hansen is one of the persons named in Exhibit “B”; and petitioner Frank Pohlmann is one of the persons named in Exhibit “C.” They present this petition on behalf of themselves and many other of the persons named in said exhibits. None of said persons are