Hill

The petitioner Ben A. Hill and Frank MeGinley were opposing candidates for the state assembly at the primary election of August 7, 1930, the canvass of which resulted in favor of the former. McGinley instituted a contest of certain precincts, which was set by the Superior Court of Los Angeles County for September 22, 1930. The parties then failing to appear, the matter was ordered off the calendar, and on the following day was reset for September 29, 1930. A petition for a writ of prohibition was filed in this court to restrain further proceedings, upon the ground that the date last mentioned would not be within the statutory period specified for such recount.

The pertinent provisions of section 28 of the act to provide for and regulate primary elections (Stats. 1913, chap. 690, p. 1379; Stats. 1917, chap. 711, p. 1363) are as follows:

We are of the opinion that the construction placed upon the provisions of the general election laws having to do with election contests are not applicable nor controlling here. It is obvious that the recount contemplated by the foregoing section must be had immediately following the canvass. The law provides that the judge shall designate the time…