Anderson

The plaintiff prays for a writ of mandate against the defendant, as county clerk of Lake County, to compel the said defendant, as such clerk, to register plaintiff as an elector of Scotts Valley precinct in Lake County.

A demurrer and answer were filed to the petition, but the case has been submitted upon a stipulation between the parties in which all of the facts are stated bearing upon the case, and it is unnecessary to refer to the pleadings further.

Section 1 of article II of the constitution declares that “Every native citizen of the United States, every person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro,” and who possesses certain other qualifications, all of which it is admitted are possessed by the plaintiff, shall be entitled to vote at all elections authorized by law. Under this provision the plaintiff is entitled to registration, provided he is a native citizen of the United States, or is a person who has acquired citizenship by virtue of the treaty of Queretaro.

The defendant refused registration to the plaintiff on the ground that he is of the Indian race, and that because of that fact, although born in this…