People ex rel. Bohen v. Hossefross

Baldwin, J. delivered the opinion of the Court Field, C. J. and Cope, J. concurring.

The record in this case, which was quo warranto, involving title to the office of Superintendent of Public Streets and Highways of the city and county of San Francisco, shows the following facts :

At the general election of 1856, one R. C. Devoe was elected by the voters of the county to the office ; he held the office until 1858, when Hossefross was elected, and afterwards in 1859 reelected; and the latter has been holding ever since; and now claims the office by virtue of this last election. At the last general election (1860) relator, Bohen, received a majority of the votes cast for this office, and was legally elected to it, if an election at that time was valid.

This office was created by the Consolidation Act, applicable to the city and county of San Francisco, passed nineteenth of April, 1856. By the sixth section of this act it is provided, that “ there shall be elected hereafter, for said city and county of San Fran[140]cisco, by the qualified electors thereof, at the times and in the mode prescribed by law for the election of State and county officers, one President of the Board of Supervisors, a County Judge, Clerk, Police Judge, Chief of Police, Sheriff, Coroner, Recorder, Treasurer, Auditor, Tax Collector, Assessor, Surveyor, Superintendent of Common Schools, Superintendent of Public Streets and Highways, District Attorney, and two Dockmasters for the port of San Francisco, who shall respectively continue in office for two years, and until their successors shall be elected and qualified; and the office of Harbormaster, for the city of San Francisco, is hereby abolished and repealed ; and in and for each of said districts, by the qualified electors thereof, one Supervisor, one Justice of the Peace and one School Director, who shall continue in office for two years, and until their successors are elected and qualified; also one Constable, and one Inspector and two Judges of Election, who shall hold their offices for one year, and until their successsors are elected and qualified; provided, that all the present county officers of the county of San Francisco, making their official bonds conformable to the provisions of this act, shall continue to exercise their respective functions as officers of the said city and county of San Francisco, and subject to all the provisions and restrictions in this act contained, until their respective terms of office expire by law. And all Justices of the Peace (and) Constables in said county shall continue in office until their successors shall be elected and qualified in the several districts, as provided in this act; and provided further, that in all elections for Inspector and Judges of Election, each qualified voter shall vote for one Inspector and one Judge of Election only, and that the person having the highest number of votes for Inspector, shall be declared elected Inspector; and the two having the highest number of votes for Judges, shall be the Judges of Election for the respective district.” (Session Acts of 1856, 147.)