Sands

The question- here involved is the respective rights of the relator and the defendant to hold the office of justice of the peace in the city of Oakland, and these rights depend upon the determination by this court as to where the appointing power to fill a vacancy in that office is lodged under the constitution and laws of the state. The relator claims the office by virtue of an appointment by the board of supervisors of the county of Alameda, and the defendant claims the office by virtue of an appointment by'the mayor of the city. There is but one other source from which, by any possible construction of the constitution and statutes, an appointment can come, and that is the governor, under article VI, section 8, of the constitution and section 999 of the Political Code. Neither party to this controversy has received the appointment of the governor, nor does either party contend that the governor has the power to fill a vacancy in such office.

As indicating that a justice of the peace of the city of Oakland is a county or township officer, it is suggested that his office is one provided for by the general law; that it is filled at a general state election, and at a time when the…