Gray

This is an application for a writ of mandamus to compel the respondents, constituting the board of supervisors of the county of Alameda, to issue to the petitioner a certificate of election, it being claimed that he was duly elected a justice of the peace of the township of Oakland, county of Alameda, at the general election held on the eighth day of November, 1910.

It is hardly necessary to repeat what we have many times said, that the writ of mandate is a prerogative writ, and in order to entitle the petitioner to such writ it must plainly appear that he is entitled to the relief demanded, and that it is the duty of the inferior board, tribunal or person to perform the act which it is claimed such tribunal, board or person refuses to perform.

In the petition in this case it is stated that at the general election held on the eighth day of November, 1910, one James G. Quinn was a candidate for the office of justice of the peace of the said township, and that petitioner was also a candidate for justice of the peace of said township; that Quinn received 15,377 votes, and petitioner received 2,858 votes.

It is claimed that the township was entitled as a matter of law to two…