Waterman

—This is an application for a writ of mandate against the governor of the state, requiring him, in his forthcoming proclamation for the general election to be holden on the first Tuesday after the first Monday in November next, to call for and order the election of two judges of the superior court in and for the county of San Bernardino, instead of one, as proposed by the governor.

No point is made in this case as to the power of the court to issue its writ for such a purpose against the executive, and in the view we take of the real question involved it is unnecessary for us to consider upon or determine this preliminary question.

The facts briefly stated are these: By the statute and laws under which the superior court in San Bernardino County was originally organized, provision was made for but one judge of that court. Under the law as it thus stood, Hon. James A. Gibson was elected judge for the term commencing on the first Monday in January, 3885, and ending on the first Monday in January, 3891. May 13, 1889, he resigned, when Hon. C. W. C. Bo well, the present incumbent, was appointed. Under the law, that appointment continues until the next general election, which will be…