Hicks

This is an original application for a writ of mandate to compel the respondent to file the nomination papers of petitioner as a candidate for the office of member of the hoard of trustees of the city of Sacramento for the third ward of said city.

The respondent has interposed a general demurrer to the petition, and thus the question to be determined is presented.

The single proposition submitted for decision by this proceeding is whether the nomination of a candidate for the office of trustee of said city shall be made only by such electors belonging to the political party of which such candidate is a member as reside within the limits of the ward of which such candidate is a resident or by all the electors of the entire city that are members of such candidate’s political party.

This question arises upon conflicting constructions of the meaning and intent of an amendment of section 8 of the charter of the city of Sacramento which was, at the general municipal election held in said city in the month of November, 1909, submitted to and ratified by the electors of said city and approved by the legislature of 1911.

Said amendment, in so far as it is of interest to this inquiry,…