Devlin

At the election held on November 5, 1912, plaintiff was one of the candidates of the Progressive Party for the office of presidential elector. He seeks by the writ of mandamus to have the vote canvassed in certain election precincts in Sacramento County. Among other grounds for issuing the writ it is alleged that the canvass of election precincts for presidential electors “has proceeded sufficiently to show that there is a small margin as between the Republican Party and Progressive Party candidates on the one part and the Democratic candidates for electors on the other part, and the result of the election in Sacramento County for presidential electors if lawful and regular canvass will be controlling and decisive as to the result throughout the state as to which set of electors has been duly elected.”

Without setting forth the averments of the petition, we understand from the facts admitted at the argument on the demurrer, that the election officers did not mark on the tally-sheets opposite each candidate’s name a tally for each vote as called, except that they did so mark the tally-sheets opposite the name of the candidate at the head of each group of candidates. In the other…