Babcock

On the fourteenth day of October, 1895, the office of superintendent of schools of the city and county of San Francisco became vacant by the death of the incumbent, who, on November 6, 1894, had been elected to fill the office for a term of four years, commencing upon the first Monday in January, 1895. On the twenty-fourth day of October, 1895, the *308 board of education of the city and county of San Francisco appointed Madison Babcock, appellant herein, to fill the vacancy “until the regular election then next following.” On November 3, 1896, there was held throughout the state of California a general election, and at the same time and in conjunction with this general election there was held a municipal election in and for the city and county of San Francisco. The proclamation for this election included in the list of officers to be voted, for thereat one superintendent of schools for an unexpired term. Upon the ballots cast at that election appeared the names of candidates for this office, and one of them, the relator, Reginald H. Webster, was by the board of election commissioners duly declared to be elected to the office of superintendent of schools of the city and county of…