Quo Warranto—Validity of Election for Mayor—Registration of Voters—Insufficient Complaint.—A complaint in quo warranto, to determine the validity of an election for mayor of the city of San Jose, which merely alleges that copies of an old great register were used at the polls instead of copies of a new one required by law, but which does not aver that the names of all the voters were not on the new register, does not state a cause of action.

Id.—Neglect of Officers of Election-—Qualified Voters not Affected—Constitutional Law.—Qualified voters, who were properly registered, could not be deprived of their votes because the officers of election neglected to perform the ministerial and directory duty of having the proper register before them for examination, and any provision of law having that effect would be unconstitutional.

In.—Municipal Election—City Charter—Copies of Last Completed Great Register—New Registration not Completed.—Under the freeholders’ charter of the city of San Jose, copies of the last completed great register are to be used at .a general municipal election held in said city, besides a supplemental list of all voters who have registered since the time of the last completed great register; and a new registration commenced in January for the year 1902, which was not to be completed until September, was intended only for the general state election in November of that year, and war not required to be used at a municipal election held in said city in the month of May, 1902.

Id.—Qualification of Voters—Object of Registration—Construction of Registry Law.—Registration is not a constitutional qualification of voters 5 but is simply a reasonable method of identifying qualified voters. A registry law should not be construed so as seriously to impair the practical working of a city government, and leave it without a legislative department, unless clearly imperative.

Id.—Ballots Improperly Cast—Insufficient Averment.—An averment in the complaint that one hundred and twenty-four ballots were cast by voters who were registered after the commencement of forty days next preceding the general election is not sufficient, where there is no showing in the complaint that such ballots, if improperly received, could have changed the result of the election.