Meyers v. Pond

McFarland, J. —This is a petition for a peremptory writ of mandamus commanding the respondents, who compose the board of election commissioners of the city and county of San Francisco, to appoint a board of precinct registration in each precinct in said city and county, to consist of two inspectors and two judges, to be selected respectively from the two opposing political parties which cast “the greatest number of votes at the next preceding general election.”

It is admitted that the respondents are about to appoint such precinct boards to consist of only one inspector and two judges,—the inspector and one judge to be taken from one of said political parties, and the other judge to be taken from the other political party.

[65]The following are the statutory provisions bearing on the question: —

On the eighteenth day of March, 1878, section 1142 of the Political Code was as follows: “ When an election is ordered, the board of supervisors must appoint for each precinct, from the electors thereof, one inspector and two judges, who constitute a board of election for such precinct; and in the city and county of San Francisco the board of supervisors must also, prior to the election day, appoint for each precinct, from the electors thereof, an additional inspector and two additional judges, who, with the original inspector and judges, shall canvass the votes for such precinct, and who must be present at the closing of the polls; otherwise the board of election must appoint the additional inspector and judges, or supply the place of an absent member thereof. The original and additional inspector and judges shall thenceforth constitute the board of election, the members relieving each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificates shall be signed by a majority of .the whole.”

On that day—March 18, 1878-—■ an act of the legislature was approved, entitled “ An act to regulate the registration of voters, and to secure the purity of elections in the city and county of San Francisco.” By this act a system of precinct registration was created for said city and county, and powers formerly exercised by the board of supervisors with respect to elections were conferred upon a new body, created by the act, called the board of election commissioners. Section 19 of that act was as follows: “ There shall be a board of precinct registration in each precinct of said city and county, which shall be constituted in the following manner: The board of election commissioners, as soon as is practicable after they have divided the city and county into election precincts as hereinbefore provided for, shall