Conn

This is an appeal from an order denying a new trial and from a judgment in mandamus, wherein the defendant, the city council of the city of Richmond, is commanded to forthwith fix a date for the holding of an election for the recall of six of its members.

That portion of the charter of the city of Richmond which bears directly upon the questions involved may be epitomized as follows:

In substance the petition for the writ of mandate alleges that the plaintiff was on and prior to the tenth day of May, 1909, a resident, freeholder, taxpayer and a legally qualified elector of the city of Richmond, and as such was legally qualified to vote for the various candidates for municipal office in said city. On the tenth day of May, 1909, as the result of a municipal election, E. J. Jarrard, C. A. Fallett, O. P. Ludwig, J. B. Willis, J. C. Owens, J. N. Hartnett, J. J. Booling, H. E. Wyatt and Ed. McBuff were elected city councilmen, and ever since then have constituted the city council of the city of Richmond. In the month of June, 1910, the plaintiff, in conjunction with other qualified electors of the city, prepared and circulated therein petitions for the recall of J. B. Willis, J. C.…