Dennen

This is an election contest.

At the general election held in Kern County on November 5, 1912, H. A. J astro was a candidate for supervisor of the fifth supervisorial district of said county, having been duly nominated by both the Republican and Democratic parties of said district. His opponent for election was J. J. Fitzpatrick, who ran as an independent candidate. The con test is brought pursuant to sections 1111 to 1127 of the Code of Civil Procedure, and prosecuted by plaintiff: as a duly qualified elector of the district wherein said election was held. Its purpose, according to the prayer of the complaint, is to have the declaration of the board of supervisors of Kern County, wherein it declared that H. A. Jastro was the duly elected supervisor of said district, held illegal and void and the certificate of election issued by the clerk of said district to Jastro canceled and annulled, and have J. J. Fitzpatrick declared the duly elected supervisor of said district for the term commencing January 1, 1913.

It is conceded that in form the general ballot supplied by the county clerk to the voters of said district complied in all respects with the law, save and except that upon…