Merkley

At the general election held in 1902, the petitioner and one Charles B. Trainor were rival candidates for the office of tax collector of Sacramento county. The board of supervisors canvassed the returns of said election and declared that Trainor had been elected to said office, and a certificate of election was issued accordingly. Petitioner thereupon commenced an action contesting the election of Trainor, and upon the trial of said action judgment was entered declaring that petitioner had been duly elected to such office, and canceling and annulling the certificate of election issued to Trainor. The latter appealed from the judgment,- and on March 7, 1904, a remittitur from the supreme court affirming the same was filed in the superior court. On the following day the petitioner duly qualified as tax collector, and thereupon demanded that the respondent issue warrants for the salary incident to such office from the commencement of the term to April 1, 1904. This the auditor refused to do, and this proceeding was commenced in the superior court to compel such action. The respondent answered, and after a hearing the court, in addition to the facts above stated, found that the…