Markham

— This is an application for a writ of mandate to compel the respondent, as governor of the state, to issue a proclamation for a special election in the fortieth senatorial district to fill what is alleged to be a vacancy in the office of senator for said district. No question is raised as to the jurisdiction of this court to issue such a writ in a proper case.

The facts disclosed by the petition are these: At the general election held in November, 1890, Hon. H. M. Streeter was duly elected state senator for the full constitutional term of four years for the senatorial district composed of the counties of San Bernardino and San Diego, then called the fortieth district. At that time he was a resident of the said county of San Bernardino, and was in every way qualified for the office of senator for said district. He has ever since been, and now is, a resident of said county of San Bernardino. In 1891 the legislature passed an act by which, for purposes of legislative representation, it reapportioned and redistricted the state, and in that act it provided that thereafter the county of San Diego alone should constitute a senatorial district, to be called the fortieth. (The act also…