Schutz

As stated by appellant, this action involved but one question, to wit: Whether a voter at a school election held on March 30th of the year 1928 was required to be on the great register for the year 1928 and to have registered during the year 1928, thirty days prior to such election, or whether it was sufficient that the voter had registered and his name was on the registration roll of what has been called in the pleadings the old register, or the register used at the previous general election.

At the election held for school trustees of Pierce Joint Union High School District on March 30, 1928, the respondent received 390 votes. The appellant J. M. Peart received 385 votes. It was stipulated at the trial that of the 390 votes received by the respondent, eleven were cast by persons who had not registered during the year 1928 but were all properly registered on what is called the old register, or the register used at the previous general election. One vote was cast by the respondent, conceded to have been illegal by reason of the disqualification of the voter.

The trial court held that the eleven persons whose names properly appeared upon the old register, and who possessed the…