Peterson v. Board of Supervisors

WARNE, P. J., pro tem.

By petition ified in the superior court of San Mateo County appellant asked for a writ of mandate commanding the Board of Supervisors of said San Mateo County to redistrict the supervisorial districts of said county. The complaint alleges in substance that San Mateo County is divided into five supervisorial districts; that the present supervisorial districts were established by ordinance in the year 1901, and that said supervisorial districts have not been changed since said time; that since said time the population of said county has greatly increased so “that as the supervisorial districts are now situated and exist the vote of a registered voter of district numbered 4 is equal to fourteen votes of district numbered 2 and the vote of a registered voter of district numbered 5 is equal to nineteen votes of district numbered 2 and equal to sixteen votes of district numbered 1; that the population as now exists in the said five supervisorial districts is not as equal in population as may be, but is grossly unequal as between said supervisorial districts.” “That on the 25th day of July, 1925, . . . petitioner (appellant) and seven other tax payers, registered voters of district number 2, signed and filed a petition with the County Clerk of San Mateo County, asking that said board of supervisors by ordinance redistrict the said San Mateo County, and change the boundaries of the said supervisorial districts, so that they would be ‘as nearly equal in population as may be’ in conformity with the provisions of section 4029 of the Political Code of the State of California, and other provisions of the statutes of said State, and in con

[492]

formity with the Constitution of this State; that it then and there, pursuant to said law, became the duty of said board to redistrict the county into five supervisorial districts. ...” “That said petition was presented to said Board and after hearing same, said Board made an order refusing to redistrict the county as requested or at all, and at the present time do refuse to redistrict said county of San Mateo, or to take any action whatsoever towards redistricting said county of San Mateo, as required by law of the state of California; that the foregoing facts were all admitted to be true; that said board arbitrarily and without cause or excuse unlawfully refused to grant said petition to redistrict the county of San Mateo in any manner, and still refuses to do so.” The petition further alleges that appellant “has not any plain, speedy or adequate remedy in the ordinary course of law.”