Eva

Action for libel. The complaint alleges in substance that plaintiff was, and now is, a duly elected, qualified, and acting member of the city council of the city of San Mateo; that the legislative power of said city at all times mentioned was, and now is, vested in said city council. That he was a candidate for re-election to said city council at an election held in said city on Tuesday, April 7, 1925. That the only other incumbent member of said city council who was seeking re-election at said election was one John E. Casey. That for more than nineteen years last past plaintiff has been, and now is, a resident of the city of San Mateo; that for over eleven years he was a member of its board of trustees, during two years of which he served as mayor thereof; that for about seven years he was a member of the board of trustees of the grammar school district of said city; that for the past twelve years he has been, and now is, engaged in the wholesale grocery business in San Francisco as president of the H. Janssen Company. That on Saturday, the fourth day of April, 1925, some three days prior to the election above referred to, defendant published in the “San Mateo Times” and in the…