Meyers

— I dissent. Since the amendment of section 1142 of the Political Code, there are no such officers known to the law as “ the one original inspector and the two original judges of election” in the city and county of San Francisco; but there are in said city and county two inspectors and two judges, all “ original,” — all equal before and under the law, and all to be appointed at the same time, the appointees to be selected equally from the two parties, etc. Members of the board of registration are simply so ex officio by virtue of their appointment as inspectors and judges of election. As the amendment of section 1142 was made after the act of March 18, 1878, and the latter is not and never was a complete law without reference to said section, it must conform to the section of the code as so amended, or else it has become entirely inoperative so far as relates to the board of registration. It should not be held to have become inoperative if the two can be harmonized. I see no difficulty in so construing them as to harmonize with each other, nor do I think that such a construction will amount to judicial legislation.

In my judgment the writ should be granted.

—This is a petition for a peremptory writ of mandamus commanding the respondents, who compose the board of election commissioners of the city and county of San Francisco, to appoint a board of precinct registration in each precinct in said city and county, to consist of two inspectors and two judges, to be selected respectively from the two opposing political parties which cast “the greatest number of votes at the next preceding general election.”

It is admitted that the respondents are about to appoint such precinct boards to consist of only one inspector and two judges,—the inspector and one judge to be taken from one of said political parties, and the other judge to be taken from the other political party.

*65 The following are the statutory provisions bearing on the question: —

On the eighteenth day of March, 1878, section 1142 of the Political Code was as follows: “ When an election is ordered, the board of supervisors must appoint for each precinct, from the electors thereof, one inspector and two judges, who constitute a board of election for such precinct; and in the city and county of San Francisco the board of supervisors must also, prior to the election day, appoint…