Ogden

This is an application for a writ of certiorari, whereby petitioner seeks to annul a certificate made by the city clerk of the city of Colton, certifying to the sufficiency of a petition for the recall of George W. Ogden and Walter IT. Evans as members of the Board of Trustees of said city, which city is a municipal corporation of the sixth class. The parties to this proceeding are identical with those named in Civil No. 5175, ante, p. 159 [ 239 Pac. 855 ], except that the city clerk is named as an additional party herein. The petitioner in No. 5175 applied for a writ of prohibition to prevent the Board of Trustees from calling the proposed recall election. It was alleged in both petitions that unless prevented by order of this court, the Board of Trustees, at its meeting on August 19, 1925, would proceed to call said recall election.

In said case No. 5175 this court, on the morning of August 19th, denied the petition, for reasons which appear in the opinion in that case this day filed. Thereupon, and on the same day, the petitioner filed his petition for writ of ceriiora/ri to be issued herein, and thereby sought to obtain not only a review of the certificate made by the city…