Gill

Petition for mandate to compel the performance of a public duty.

The allegations of the petition show that petitioner is a resident of the city of San Leandro, county of Alameda, and that he is a registered qualified elector, freeholder, and taxpayer therein; that the defendant, Gill, is the qualified and acting city clerk of said city and charged with the performance of all the duties and obligations pertaining to that office; that in the month of April, 1922, a general election for the office of city trustee was held in said city, and that at said election one Allen E. Pelton was duly elected to such office and that he subsequently qualified and now is the acting' city trustee of said city.

It is further alleged that on October 5, 1923, plaintiff and others circulated a petition to recall said Pelton from office, which petition was signed by the necessary qualified electors; that after every name signed to the petitions appeared the residence of the signer, by street and number, together with his occupation.

It is then recited that all the signatures to the petition were secured between October 5, 1923, and October 19, 1923, and that plaintiff on said last-named date annexed…