People v. Justice's Court of San Bernardino Township

This proceeding was instituted in this court to compel the respondent Justice’s Court and the duly elected and qualified justice of the peace of San Bernardino Township, county of San Bernardino, state of California, to exercise original jurisdiction in certain cases under section 112 of the Code of Civil Procedure and section 1425 of the Penal Code, of which respondent would have jurisdiction provided San Bernardino township has a population of thirty thousand or more.

All the facts alleged in the petition are admitted in the answer, except that the township has a population of thirty thousand or more, and both parties joined in a request to this court that it appoint a referee to determine the population of the township. Joseph Rich was appointed as such referee, and on December 17, 1929, submitted his report, in which he found that on December 1, 1929, the population of San Bernardino township was, and ever since has been, in excess of forty thousand. The parties made no objection to the report and did not question the correctness of the findings of the referee. In accordance with such report and the findings of the referee and upon the evidence submitted in support thereof,…