Galindo

This is an application for a peremptory writ of mandate, requiring respondent to prepare the sample ballot, to be mailed to the voters of the city of San Jose, for the election to be held there on the third Monday of May, 1908, and the voting machines to be used at that election, according to law, by omitting from said ballots and from the voting machines the following: “Shall the sale of intoxicating liquor as a beverage be allowed in the city of San Jose?” and the words “Yes” and “No” placed in such juxtaposition to said question as to enable the elector to vote for or against the matter referred to therein, the petitioner alleging that the respondent threatens and intends to place such words on said ballots and on said voting machines.

The city of San Jose is a municipal corporation operating under a freeholders’ charter, formed and adopted under the provisions of section 8 of article XI of the constitution, and approved by the legislature March 5, 1897 (Stats. 1897, p. 592).

April 15, 1908, the common council, passed and adopted an ordinance, which was approved by the mayor, by the terms of which the city clerk (respondent herein) was directed and authorized to place upon…