The San Francisco call., 1896-01-16

without becoming such under other sec
tions of the election laws. If he be an ac-
credited nominee of any convention that
convention must be organized according to
Iaw-the law of 1895, petitioner contends
and, unless the Board of Sacramento
Supervisors performs its duty under this
law, 1t will be impossI BILE to gather to-
gether a convention which can legally
nominate This will vitiate the franchise
OF the citizens and will work injury to
them by preventing them from announc-
Ing their choice in the political field.
There is no plain and speedy relief, says
the petition further for unless this matter
De settled in this month of January it were
as good as not settled at all, for the law
expressly directs that the choice of names
from the assessment-rols shall be made in
January of each year in which primaries
are to be held In consequence the appli-
Catlon Is made to the Supreme Court
ulrect, as the need Of speedy and final
GeclSlon Is apparent. a proceeding III the
superior Court followed by an appeal TO
the supreme Court would entail great ex-
pense, but more than all it would consume
tme, ana time is something which O test
OF the new law cannot spare
FOR these reasons the petitioner pravs
thae the supreme Court Issue peremptorv
WIZ OF mandate commanding the defend
ant supervisors to make the selection of
names directed by the law, and to make
the same within this month, as that law
requires, and to make the selection in ac-
cordance with the provisions goyerning
the political complexion of the names
CHOSEN. Also to seal the names chosen
anu 10 Keep them until required for use as
directed Ill the act.
In pursuance of this prayer the Supreme
court has issued an alternative writ of
mandate returnab!e January 20, and upon
Inat GATE the defendants must appear and
show cause why the writ should not be
enforced. The writ has incorporated the
provisions OF the law which it is the de-
sire of the petitioner to have applied. 1t
is as follows:
The People Of the State Of California to the
Board OF Supervisors Of Sacramento Countu Cali
torRtG, and 10 the members thereof-GREETING;
WHEREAS 1t manifeStly appears TO us BY the
verified petition of w. A. Gett Jr q party ben
efcially interested in the above-entitled
action that it is part and portion OF the rlDtv
OF the respondent Board OF Supervisors of the
county of Sacramento, State of California.
among other things, during the month of Jan
uary, 1896. to select from the assessment-rolI
the names OF not less than thirty electors re-
siding in each election precinct in such
county, and 10 perform certain other acts as
prescribed by act known rs the general
primary law, rehearsed in said petition and
| hereinafter referred to; and whereas, it ap-
pears from said verified petition that the said
Board OF Supervisors aforesaid have refused to
select said names and perform said other acts
last herelnbefore referred TO, and said Board of
| supervisors appear 10 be determined to abide
by and continue thus 10 refuse TO perform said
acts, and thereby prevent the holding of gen
eral primary elections as provided by law, and
that there is no plain, speedy and adequate
remedy in the ordinary course of law for said
petitioner and the other electors OF said Sacra-
mento County;
Therefore,.we 10 command you that imme-
dlately upon the receipt of this writ you do
proceed forthwith to select from the assess
ment-roll of said Sacramento County the
names of not less than thirty electors residing
in each election precinct of such county, such
selection TO be made from each of the political
parties then existing in as nearly an equal pro-
portion as practicable, and to write the name
of each person so selected on q separate piece
OF paper and TO fold said paper that the
name written thereon cannot be seen or read
without unfolding the same, and when the
names are so written and folded to put all of
the names so selected from each separate
election precinct IN an envelope, then to close
and securely seal such envelope and to write
the name and number OF the precinct from
which such selection was made on the out
side of such envelope; and when the
names so selected from each election
precinct in such county shall have
been so placed in separate precinct envelopes,
and each sealed and numbered so as to desig-
nate the precinct from which each selection
was so made then TO place all of the said en-
velopes so marked and sealed in box, to be
provided by said board for that purpose, and
then to securely lock and seal said box and
safely keep the same until required by said
board for use as provided in said act, and 10
record the names so selected in book for that
purpose, which book shall be kept open at all
times for public inspection, and also to publish
said names once in some paper of general cir
culation in the county within ten days after
the names are so selected.
Or that you show cause before this court sit
ting in bank at the courtroom thereof, in the
City and County of San Francisco, on the 28th
day OF January, 1896, at 10 o'clock A. NJ of that
day, why you have not done so.
In his petition to the Supervisors of Sac
ramento Mr.. Geitt showed that he was a Cit
izen entitled to vote and entitled to have
enforced the laws made by the Legislature
i'll order that his vote might not be thrown
away. He alleged the passage of the .'pri-
mary law on March 81, 1895, and called
attention to the fact that unless in this
month the names were drawn no legal
nominating convention could be orean-
lied and the votes of the citizens would be
lost. The terms OF the law are specifically
set forth and the demand is. made that
they be rigidly complied with. The re-
fusal of the hoard to so comply has caused
the mandamus proceedings just com
menced