Mann

The petitioner sought in the court below a peremptory writ of mandate compelling the clerk of the city to certify the sufficiency of certain names signed on papers protesting against an ordinance adopted by the city council of Long Beach. The superior court denied the writ and petitioner prosecutes this appeal.

The sole question necessary to a disposal of the case involves the sufficiency of seventeen papers containing 3,113 signatures. It was stipulated by the parties that the “oaths to each of said papers was made by a person who was not a signer of the paper to which his said oath was appended. Each of the persons making oath to said seventeen (17) papers, as aforesaid, had signed another paper of said document but he was not one of the” signers of the separate paper to which he made oath, as aforesaid”. We should entertain grave doubt concerning the problem were it not for the fact that a provision of the Los Angeles charter practically verbatim- with the present provision of the Long Beach charter with respect to the same question was before the court in Rushton v. Lelander, 15 Cal. App. 448 [ 115 Pac. 56, 57 ], and received a construction contrary to the appellant’s…