Wallace

The petitioner filed in the superior court a petition for a writ of mandamus to compel the City Council of the City of Oceanside to call a recall election. The petitioner recites that he, and other qualified electors, prepared and circulated a petition for the recall of H. D. Brodie and E. A. Walsh as Trustees and Members of the City Council of the city named. It is alleged that the petition was signed by qualified voters of said city in excess of twenty-five per cent of the entire vote cast in said city at the next preceding regular municipal election; that the petition was filed with the city clerk on June 27, 1930; that on July 9, 1930, the city clerk reported said petition to the City Council as having an insufficient number of signatures thereon; that the City Council on July 9, 1930, passed a motion referring the petitions back to the petitioners so that they might be amended within ten days; that on July 11, 1930, a supplemental or amended petition was filed with the city clerk; and that on July 23, 1930, the city clerk certified the original petition as having a sufficient number of signatures. It is also alleged that a demand had been made upon the City Council to call an…