Pendegast

— These are original applications for writs of mandate.

The relator is a citizen of Yolo County, and possesses the qualifications entitling him to represent the senatorial district of which Yolo County is a part. He claims that under the constitution and laws of the state a senator is to be elected in said district at the approaching election, and he has been regularly nominated as a candidate for the office. He has made formal demand upon the governor to issue his proclamation for the election of a senator from said district, and upon the county clerk of Yolo County to file his certificate of nomination *290 pursuant to the election law. Both demands have been refused, and he seeks by these proceedings to enforce compliance therewith. In each case a general demurrer to the petition has been interposed, which raises the question whether, under a proper construction of the constitution and laws of the state, the terms of the senators elected in the year 1890 from the even-numbered senatorial districts, as well as those of the senators elected in 1888 from the odd-numbered districts, expire on the first Monday after the first day of January next. If they do not so expire, — if,…