People ex rel. Taylor v. Bd. of Election Comm'rs

In bank, Morrison, C. J.: This is an application for a writ of prohibition under chapter 3 of the Code of Civil Procedure. The office of the writ is to [405]“ arrest the proceedings of any tribunal, corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.”

The petition shows that the defendant, the Board of Election Commissioners, was created by “ An Act to regulate the registration of voters and to secure the purity of elections in the City and County of San Francisco,” approved March 18th, 1878; and that the defendants named, Isaac S. Kalloch and others, compose said Board. It further appears, that at a meeting of the said Board, held on the 4th day of March, 1880, the following resolution- was adopted :

“ Resolved, That it is the sense of the Board of Election Commissioners for the City and County of San Francisco that an election should be held at an early day, for the purpose of electing fifteen freeholders to prepare and propose a charter to be submitted to the voters of the said city and county, as provided by § 8, art. 11, of the Constitution of California.”

It also appears from the petition, that the said Board on the same day adopted another resolution, to the effect that a special election be held in said city and county on the 30th day of March, 1880, for the purpose of electing fifteen freeholders to prepare and propose a charter for said city, under said Constitution ; and that the qualified voters of said city and county be duly notified to meet in their respective election precincts on Tuesday, the 30tli day of March, 1880, for the purpose of said election: and that, in pursuance of said last-mentioned resolution, the said Board made and published the following notice:

“Public notice is hereby given, that a special election in and for the City and County of San Francisco, State of California, will be held on Tuesday, the 30th day of March, 1880, and the qualified voters of said city and county are hereby called to meet in their respective election precincts on said day at said special election, for the purpose of electing fifteen freeholders, who shall have been for at least five years qualified electors of said city and county, to prepare and propose a charter for said city and county as provided for in the Constitution of said State and said resolution.”

It is charged in said petition that the action of said Board of