People Ex Rel. Del Valle v. Butler

This isan original proceeding in mandamus instituted by the petitioners, candidates for the office of presidential elector, through which they pray for an order of this court commanding the board of supervisors of Los Angeles County to canvass the returns at the recent election in the manner provided by law, it being claimed that said board is proceeding and threatening to make such canvass in a manner other than that provided by statute.

Respondents have interposed a demurrer to the petition and application as amended, upon general grounds and specifically, on account of certain uncertainties claimed to exist. We are satisfied that this court upon a proper showing possesses the jurisdictional authority to direct the board to perform a duty devolving upon it by law; that the mode and manner of. canvassing election returns is provided by statute and when a showing is made that the duty so devolving upon the board of supervisors, sitting as a board of canvassers, is not being performed, or is being performed in a manner otherwise than that provided by law, mandamus is a proper remedy. We are further satisfied, upon an examination of the application and its amendments, that the…