People ex rel. Jennings v. Markham

— This is an application for a writ of mandate to compel the respondent, as governor of the state, to issue a proclamation for a special election in the fortieth senatorial district to fill what is alleged to be a vacancy in the office of senator for said district. No question is raised as to the jurisdiction of this court to issue such a writ in a proper case.

The facts disclosed by the petition are these: At the general election held in November, 1890, Hon. H. M. Streeter was duly elected state senator for the full constitutional term of four years for the senatorial district composed of the…