Harrington

On March 16, 1901, Henry T. Gage, who was then the governor of the state of California, nominated the plaintiff to the office of trustee of the California Home for the Care and Training of Feeble-Minded Children, and transmitted such nomination to the senate, which was then in session, and the senate duly advised in and consented to the nomination and appointment of said plaintiff. Governor Gage failed to issue to plaintiff a commission as trustee of said home. George C. Pardee, being the successor of Henry T. Gage as governor of California, was applied to to issue to plaintiff said commission, and the governor not complying with plaintiff’s request, plaintiff filed his petition in the superior court of Sacramento County praying for a writ of mandate commanding the governor to issue to him said commission. The defendant demurred to the petition on the ground that it did not state facts sufficient to entitle plaintiff to the relief sought. The demurrer was sustained. Prom the order sustaining the demurrer and the judgment rendered thereon this appeal is prosecuted.

The plaintiff in his brief assures us that “The question presented to the court below and argued by counsel for the…