French

This is an original proceeding in mandamus to compel the senate of the state of California to admit the petitioners as members thereof. The case was submitted to this court upon a general demurrer to the petition and the writ denied.

The petitioners were duly elected senators of the state from the respective districts which they represent, and each duly qualified and acted as a member of the senate at the thirty-sixth regular session until the twenty-seventh day of February, 1905, when they were by the senate expelled therefrom for malfeasance in office, consisting of taking a bribe to influ-; ence their conduct as senators. Since then they have not been allowed to sit as members of the senate nor to participate in its proceedings. It is alleged in the petition that in the proceedings expelling the petitioners the senate did not give them a hearing, nor afford them a trial upon the charges made, nor permit them to make any defense thereto; that the charges of bribery upon which they were expelled are false, and that neither of them has been convicted of such crime.

I • Even if we should give these allegations their fullest force in favor of the pleader, they do not make a case…