Donham

Petition for writ of mandate, the effect of which will be to estop the respondent Henry P. Dalton from being a candidate for nomination for the office of county assessor of the county of Alameda at the approaching primary election. The respondent county clerk answers, and the respondent Dalton demurs and answers separately. Following his conviction on a charge of asking and receiving a bribe during his term of office as assessor of Alameda County, Dalton was, on the twenty-fourth day of July, 1911, sentenced to a term of eight years in the state prison. His conduct at the prison during his confinement was such as to entitle him to have thirty-two months deducted from the term for which he was sentenced. As a consequence, on the twenty-seventh day of November, 1916, Dalton was released from custody, the order of the Governor of the state reciting, pursuant to section 1579 of the Penal Cod§, that he be “restored to citizenship. ’ ’ Dalton has now registered as a voter of Alameda County, and has filed with the respondent county clerk a certificate entitling him, on its face, to become a candidate for the nomination for the office of assessor, unless some legal disqualification…