McDonald

dissenting. I dissent. There are three constructions to be placed upon this statute: 1. That the action of the registrar is final and conclusive; 2. That it is the duty of the registrar to decide as a fact whether or not the certificate presented by him comes from the regular and genuine Democratic or Republican party which it purports to represent, and that such decision by him is reviewable by this court; 8. That it is the duty of the registrar to file all certificates which, upon their face, comply with the statute.

To hold that the action of the registrar is final, I cannot indorse for a moment. Every court which has given the question any consideration whatever has held *488 against such a construction. It is placing a power so tremendous in the hands of the registrar, that such a construction should not be held if possible to avoid ih The language indicating such intention upon the part of the legislature must be so plain as to admit of no doubt. If the language needs construction it should be construed in some other direction. If the rejection of a certificate by the registrar is final, if it is beyond all review by courts, he could refuse to file all certificates…

The writ should be denied. Whether a registrar, in filing or refusing to file a proffered certificate of nomination by a convention, acts ministerially or judicially, it is clear that he cannot be commanded by mandamus to do an act which the law does not require him to do. Now, sections 1186 and 1187 of the Political Code clearly contemplate that a political party which, at the last election, polled at least three per cent of the entire vote, can be represented by only one convention. A contrary view would certainly defeat the purpose of the law. Therefore, when each of two or more bodies of voters claims to be the convention contemplated by the code, the registrar must determine—in the first instance, at least—which one of the bodies was “ an organized assemblage of delegates representing ” the particular political party named. To say that the presentation of a certificate in due form is conclusive of the essential fact upon which the alleged right rests *487 is to announce the principle that each party to a controversy is the exclusive judge of his own case. If the issue were presented here, whether or not the convention which the petitioners represent was the convention which…