Lynn

This is an original proceeding brought by petitioner, who is a qualified elector of Culver City, a city of the sixth class, to secure a writ of mandate directed to the City Council of that city directing them to call a special election to determine whether the city councilmen thereof, Houck, Bobier, Clark, Coombs and Kinkead, should be removed from office and their successors elected. The clerk filed his certificate that the petition is sufficient as to councilmen Houck and Bobier, but insufficient as to Clark, Coombs and Kinkead. The clerk is made a party to the suit, and as to him it is alleged that he made a false and fraudulent estimate of the number of electors signing said petition and wrongfully eliminated certain signatures from the petition and failed to count them. The answer to the petition having raised issues of fact a referee was appointed to try the issues and make findings which pursuant to the order appointing have been returned to this court, together with a transcript of the testimony taken upon the hearing before him and from which it appears that during the month of November, 1928, recall petitions identical in form in which all the trustees were named and…