Saunders v. Haynes

Citations

• 13 Cal. 145

Syllabus

<p>The Act giving jurisdiction over the subject of contested elections to the Judge of the County Court, is constitutional, and District Judges are embraced within it.</p> <p>This is one of the “special cases,” of which the Constitution provides, that the County Judge may take cognizance when authorized by the Legislature.</p> <p>The fact that the candidate receiving the highest number of votes at an election by the people, is ineligible, does not give the office to the next highest on the list.</p> <p>In a proceeding to contest the election of defendant as District Judge, the ineligibility of the candidate receiving the highest number of votes, the defendant being next on the list, is no defense—because this matter, if true, could not protect the incumbent from the consequences of an unauthorized possession of the office.</p> <p>Quere: Whether the place or employment of Inspector of Customs is a lucrative office, under the United States, within the Constitution of this State.</p>