Dudley

It is made to appear from the petition filed herein that Santa Monica is a city organized and existing under a freeholders’ charter; that on the seventh day of December, 1909, an election was held in said city at which petitioner and one Roy Jones were rival candidates for the office of mayor; that on the thirteenth day of December, 1909, the - city council, pursuant to law, canvassed the returns of said election and declared petitioner elected to the office of mayor of said city for the full term of two years; that there after said Dudley qualified as such mayor and is now acting as such; that thereafter, on the eighth day of January, 1910, Boy Jones filed his complaint or statement against petitioner in the superior court, in which he alleged, among other things, that the board of election of said city wrongfully, inadvertently and unlawfully counted, tallied and returned votes for said Dudley for the office of mayor which were not cast for him and which should not have been counted for him, and that some thereof so tallied and returned for Dudley were cast for said Jones; that certain illegal votes were cast at said election and counted for said Dudley; that if all of said…