Nickel

This is a proceeding in quo warranto brought by the attorney general to oust each of the defendants from the office of port warden of the port and harbor of San Francisco. The trial court made full findings of the facts bearing upon the questions involved, and gave judgment for the defendants. From the judgment the plaintiff in due time appealed, and the case comes to this court upon the judgment-roll.

The problem for solution is as to the effect upon the tenure of office of warden of the port and harbor of San Francisco of section 1003a of the Political Code, which was first adopted in 1903, and went into effect on March 15th of the same -year.

This section, so far as pertinent to the facts of this case, is as follows:

■The office of port warden was established by the Political Code as adopted in 1872. Section 2501 of said code fixes the number of port wardens for the several ports of entry within the state; section 368 (Political Code) provides for their appointment by the governor with the consent of the Senate, and section 369 (Political Code) provides that port wardens shall hold their offices for “the term of four years.”

It will be thus seen that the term of office of a…