People ex rel. Pennie v. Ransom

Thornton, J.: This action was brought to determine the right of the relator, Pennie, to the office of Justice of the Peace of the City and County of San Francisco against the defendant Ransom.

The Court below found that the defendant was, on the 3d day of September, 1879, duly elected a Justice of the Peace for said city and county, and afterward qualified and entered upon the discharge of the duties of said office, and held said office under the election just referred to; that the relator did, on the 2d day of November, 1880, at a general election held on said last-named day, receive the largest number of votes, and was on said day elected a Justice of the Peace for said city and county; that he was duly commissioned and qualified as such Justice, and afterwards made a proper demand on the defendant that he surrender to him the said office, which the defendant refused to do.

As conclusions of law, it was held that the defendant usurped the said office; that plaintiff was entitled to it, and the Court rendered jugment in favor of relator.

From this judgment defendant prosecuted this appeal, which brings before us the validity of the election of the relator at the general election of 1880.

The 10th section of article xxii of the Constitution is in these words:

“In order that future elections in this State shall conform to the requirements of this Constitution, the terms of all officers elected at the first election under the same, shall be, respectively, one year shorter than the terms as fixed by law or by this Constitution; and the successors of all such officers shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen, after the adoption of this Constitution, shall be elected at the' time and in the manner now provided by law. Judicial officers and Superintendent of Public Instruction shall be elected at the time and in the manner that State officers are elected.”

[560]And the 20th section of article xx is as follows:

“Elections of the officers provided for by this Constitution, except at the election in the year eighteen hundred and seventy-nine, shall be held on the even-nuinbered years, next before the expiration of their respective terms. The terms of such officers shall commence on the first Monday after the first day of January next folloAving their election.”