Campbell

George W. Rochester, a candidate at the recent primary election for the Republican party nomination for congressman, is seeking to have the superior court decree that he and not William D. Campbell, petitioner herein, has been nominated. The board of supervisors has canvassed the votes and declared Campbell nominated. Rochester bases his claim for a recount of the ballots upon an information and belief affidavit that there has been malconduet on the part of election officers in many definitely referred to precincts. Such malconduct, according to the affidavit, consisted of election officials dividing their forces and counting the ballots in several groups and not by a full quota of the election board, as well as the tallying and counting of Rochester votes in the Democratic column which should have gone in the Republican column. Rochester also sought the Democratic nomination.

In the midst of the counting the contcstee petitioned this court to issue the writ of prohibition to prohibit the superior court from proceeding with the contest, on the ground that the allegations of fact in the affidavit were not of sufficient definiteness to justify the court in making a recount or to…