Davidson

This action was brought to oust the defendants from the office of constables of O’Neal township, in San Joaquin county. Section 56 of the County Government Act, as amended in 1901 (Stats. 1901, p. 685, c. 234), provides that in townships having a population of less than six thousand persons there shall be but one constable. Prior to that amendment there were two constables in said township. At no time prior to the general election held November 4, 1902, did the population of 0 ’Neal township equal six thousand persons. Notwithstanding this fact, the board of supervisors of said county issued a proclamation calling for the election of two constables for this township as of yore. Ballots were printed directing the voters to vote for two, and the defendants Davidson and Peters were declared elected upon a canvass of the returns. Certificates of éleetion were issued to them and they qualified, and in January, 1903, entered upon the discharge of the duties pertaining to said office. At the time of such election defendants Davidson and Hersom were duly elected and qualified constables of said township. Davidson was re-elected, but Hersom was not a candidate. For the purposes of this…