Collins

Petitioners apply for a peremptory writ of mandate, directed to respondent, ordering him to receive and file a section of an initiative petition which respondent refuses to accept upon the ground that it does not comply with the law, in that the “short title”, appearing on the top of each page after the first page of the petition, is not printed in eighteen-point gothic type, and exceeds twenty words in length. Respondent demurs to the petition.

The pages, after the first, of the petition tendered respondent for filing, contain, across the top, printed in twelve-point black-face type the following: “INITIATIVE CONSTITUTIONAL AMENDMENT, SUBMITTED DIRECTLY TO THE ELECTORS, MAKING STATE BOARD OF EDUCATION ELECTIVE; ABOLISHING SUPERINTENDENT OF PUBLIC INSTRUCTION, PROVIDING FOR DIRECTOR OF EDUCATION.” The Constitution (art. IV, see. 1) provides that initiative petitions proposing a law or amendment to the Constitution to- be submitted to the electors shall have printed across the top (first page) thereof in twelve-point black-face type the following: “Initiative measure to be submitted directly to the electors.” Such legend, in twelve-point type, appears on the initiative petition in…