Edleman

This is an action to determine the title of Charles Edleman to the office of notary public of the city and county of San Francisco. One F. C. Mosebach was a notary public and died before the expiration of his term. On the ninth day of April, 1902, respondent was appointed notary-public “for the term prescribed by law in place of F. C. Mosebach, deceased.” Thereafter, in 1903, the legislature passed the following law: “Except in the instances otherwise provided in the constitution, whenever a person has been or shall be appointed by the governor ... to fill a vacancy in any office, or to fill an office when the appointment is not made Until after the expiration of the preceding term, the appointee holds office only for the balance of the unexpired term as provided by the law creating the office.” (Pol. Code, sec. 1003a.) Under this statute when “the balance of the unexpired term” of Mosebach had come to an end, the governor appointed Hamilton A. Bower to succeed Edleman “term expired.” Edle man contended that he was appointed for the full term of four years, and the question thus presented is as to the application of section 1003a under the facts of the case. Nor is this…