A. L. Haight, for Petitioner.
Geo. B. Thatcher, Attorney-General, and E. T. Patrick, Deputy Attorney-General, for Respondents.
By the Court, McCarran, J.:
This is an original proceeding in mandamus, instituted by petitioner to compel the respondent, as county clerk of Churchill County, to exclude from all ballots to be used at the coming general election in that county the name of Hattie E. Ferguson as candidate for the office of county clerk and treasurer.
Petitioner predicated his right to the issuance of the writ upon the action of the Democratic county convention, inasmuch as that convention, according to the allegations of the petition, did not, during its session or prior to its adjournment, or at any time or at all, nominate any person as the candidate of the Democratic party for the office of county clerk and treasurer of Churchill County. The petition contains the following allegation:
That on October 26, 1916, at said city of Fallon, one Fulton H. Sears presented to the above-named A. E. Wilson, as county clerk as aforesaid, a purported certificate of nomination, in words and figures as follows, to wit:
Certificate of Nomination.
At a meeting of the executive board of the Democratic county central committee of Churchill County, Nevada, held in the city of Fallon, in said county and state, on Saturday, the 21st day of October, A. D. 1916, at the hour of 1:30 p. m., due notice having been given to all committeemen of such meeting, among other things, the following resolution was unanimously carried, a quorum being present:
Be it resolved: The Democratic county central committee of Churchill County, Nevada, has designated its executive board, by proper resolution, to act in its stead during the interim of any regular meeting; and
Whereas, it now appears that there exists a vacancy in the Democratic nominations for the office of county clerk and treasurer of said Churchill County; and
Whereas, this committee feels that it is to the best interests of the Democratic party of this county that this said vacant nomination be filled:
Be it resolved: That the said executive board now proceed to fill said vacant nomination.
Thereupon the chair called for nominations to fill said vacancy, and Hattie E. Ferguson was duly nominated and seconded, and, there being no further nominations, ...