Ohlhausen
Ohlhausen v. Mills
Opinion
Lead Opinion
Barnard, J.
This is an original petition for a writ of mandate to compel the respondent, as City Clerk of the City of Riverside, to place the name of petitioner upon the ballots to be used at the general municipal election, to be held in the City of Riverside on the third Tuesday of November, 1929, as a candidate for election to the office of member of the council of said city from the fourth ward thereof.
The petitioner alleges that he is a resident and qualified elector of said fourth ward in said City of Riverside; that the respondent is the duly elected, qualified and acting City Clerk of said city; that said City of Riverside is a duly organized and established city of more than 3,500 inhabitants, and that there is now in force in said city a freeholders’ charter, duly ratified by the electors of said city, and approved by the legislature of the state of California on March 22, 1929; that pursuant to the provisions of said charter a primary election for the purpose of nominating candidates for city offices, including among others the office of member of the council of said city from the fourth ward thereof, was held in said city on September 17, 1929; that at said primary election there…