Fraser
Fraser v. Cummings
Opinion
Lead Opinion
Nourse, J.
This is an original proceeding in mandamus. The petition alleges that on the 19th of May, 1920, the petitioner filed with respondent, as city clerk of the city of Oakland, a petition for the recall of a commissioner of said city containing something over 10,000 individual certificates, and that respondent, within the time prescribed by the municipal charter, examined said certificates, and, on the 29th of May, determined that they were insufficient to constitute a recall petitition. Of the certificates so filed it is alleged that the clerk found 4,364 defective solely because the signers thereof failed to name the streets between which they resided; that others were found defective because the verification deputy used his initials only in signing his name to the verification; that others were found defective on both of these grounds; and that a small number were found defective because the signers thereof did not sign their names in full as they appear on the records of registration. The truth of the foregoing facts is admitted in the return except as to the certificates rejected because of defective verification. As to these the return alleges that the verification deputy in each…