Chester

The defendant and the intervenir took separate appeals from the judgment herein commanding the defendant to present to the hoard of supervisors of Sacramento County a petition praying for the election of a hoard of fifteen freeholders to prepare and propose a charter for said county, with his certificate thereon showing that the petition is signed by the requisite number of qualified electors. By stipulation the appeals were heard together.

In so far as pertinent to the questions presented by the appeals,' the complaint alleges that the petition consisted of an original and two supplements; that they were signed by. a total of 3,602 qualified electors, ‘ each of whom at the time of such signing, affixed thereto the date of such signing,” and by 129 qualified electors who did not so affix the date of signing, and that the names on the original petition were subscribed during the month of July, 1921, and that those on the supplements were signed during the month of August and prior to the filing thereof. The complaint further alleges, and it was admitted at the trial, that the total number of votes cast for all candidates for Governor at the last gubernatorial election was 20,634,…