Elkus

As the result of an election held on the third day of May, 1921, the defendants were declared elected members of the city council of the city of Sacramento. They entered upon the discharge of their duties as such and have continuously thereafter acted as such city council. This suit was instituted to oust them from office on the ground that the charter provisions under which they were elected are unconstitutional. The defendants’ demurrer to the complaint was sustained and, the plaintiff declining to amend, judgment was entered for the defendants.

The Sacramento charter provides for the election of the '! city council “by the proportional representation system” known as the Hare system of voting. The only question , presented by this appeal is whether such proportional repre- 1 sentation system is constitutional. Section 273 of the charter provides: “The full name of all regularly nominated candidates shall be printed on the official ballots in the alphabetical order of the surnames. The ballots shall be marked according to the following instructions, which shall be printed at the top of each ballot under the heading of ‘Directions to Voters.’ Put the figure 1 opposite the name…