Rutledge

This is an application for a writ of mandate to compel the respondent city clerk of Los Angeles to omit from the ballot the name of John C. Porter as a candidate for election to the office of mayor. The controversy arises in this manner: A petition for the recall of Mayor Porter has been circulated and been found to be sufficient. The special election for that purpose has been fixed for the third day of May, 1932. The city charter provides in section 291 as follows:

It is now contended that this language is in conflict with article XXIII of the state Constitution and particularly that portion which refers to the form of the ballot and provides that “The name of the person against whom the petition is filed shall not appear on the ballot as a' candidate for the office. ’ ’ The article is long and we hesitate to quote it at length, but must give sufficient of its language to demonstrate that the procedure and manner of recall therein covered was intended to apply solely to elective officers of the state. It begins as follows: “Every elective public officer of the State of California may be removed from office at any time by the electors entitled to vote for a successor of such…