Civ. No. 138. March 17, 1906. APPEAL from a judgment of the Superior Court of Sacramento County. J. W. Hughes, Judge. The facts are stated in the opinion of the court. A. L. Shinn, and R. L. Shinn, for Appellant. A. M. Seymour, District Attorney, for Respondent. McLAUGHLIN, J. — At the general election held in 1902, the petitioner and one Charles E. Trainor were rival candidates for the office of tax collector of Sacramento county. The board of supervisors canvassed the returns of said election and