McAleer

The subject of this proceeding, in the nature of quo warranto brought in the superior court of Los Angeles County at the relation of David B. Lyons, is the title to the office registrar of voters of Los Angeles County.

Upon the trial in the court below, judgment was entered declaring the respondent Thomas McAleer entitled to the office, and that the relator David B. Lyons had no right thereto, from which judgment the plaintiff has appealed.

The facts out of which the proceeding arose are as follows: Pursuant to the provisions of section 7½ of article XI of the constitution, the electors of the county of Los Angeles duly adopted a charter for the government of said county, which, upon being approved by the legislature and as provided therein, took effect on June 2, 1913. Among other offices created by the charter and which the board of supervisors was authorized to fill by appointment was that of “registrar of voters.” While the charter, save as to services to be rendered in connection with petitions for the recall of officials as provided in article XI thereof, is silent as to the duties of the official holding such position, we may assume that they are identical with those…