Brown

A petition for the recall of appellants, who were three of the councilmen of the defendant City of Hawthorne, a city of the sixth class, was filed with the clerk of said council, who certified the same, and it was submitted to the council on March 11, 1929. No action having been taken thereon, the respondent petitioned the Superior Court of Los Angeles County for a writ of mandate requiring that a special election be called, which was granted, and this is an appeal from the judgment entered accordingly:

It is contended that the genuineness of the signatures upon the petition for a special election was not sufficiently established to require or justify action by the city council, and was not shown in accordance with the provisions of the statutes in the trial court. The findings are not. questioned, except in this respect: The person who circulated the petition for a recall election appended his affidavit, reciting that “the signatures upon this sheet were signed in my presence and are genuine and that to the best of my knowledge and belief the persons signing were at the time of so signing qualified electors of said city and that their respective residences are correctly stated…