Apple

This is an application by plaintiff for a writ of mandate compelling the defendant registrar to certify, subscribe, and file his declaration of candidacy for nomination and election to the office of coroner of the city and county of San Francisco at the primary and general municipal elections to be held respectively on September 30, 1913, and November 4,1913. An alternative writ of mandate was issued and a return thereto by demurrer and answer has been made. There is no conflict as to any of the material facts.

It is admitted that plaintiff is entitled to the relief sought if, under the provisions of the freeholders’ charter of the city and county of San Francisco, a coroner is to be nominated and elected at such elections. The registrar refused to accept plaintiff’s declaration upon the theory that under the provisions of the charter, a coroner was elected in the year 1911 for a term of four years commencing January 8, 1913, and that the term of office of the person so elected does not expire until January 8, 1916. If this theory be correct, there will be no nomination or election of a person to serve as coroner until the municipal elections of the year 1915.

The San Francisco…