Rushton
Rushton v. Lelander
Opinion
Lead Opinion
Allen, J.
Appeal from a judgment discharging an alternative writ of mandamus, and for costs expended.
The petition, the basis for the issuance of the alternative writ, discloses that' the freeholders’ charter of Los Angeles city contains certain provisions with reference to the initiative and referendum; the first thereof having reference to the initiative is found in section 198a, which provides: “The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from the date of filing such petition the city clerk shall examine and from the great register ascertain whether or not said petition is signed by the requisite number of qualified electors, . . . and he shall attach to said petition his certificate showing the result of said examination. If, by the clerk’s certificate, the petition is shown…