Hartsock

The petitioner moved for a peremptory writ of mandate to require the respondent, the city clerk of the city of Oakland, to certify as sufficient a petition filed with him asking for an election to vote upon the recall of C. C. Young, one of the commissioners of said city, and purporting to have been signed by the required number of qualified voters of said city. The respondent filed a demurrer and answer to the petition. The demurrer was overruled and the legal questions involved in the proceedings were disposed of at that time (Hartsock v. Merritt, 93 Cal. App. 365 [ 269 Pac. 757 ]), but the allegations of the answer raised issues of fact upon which findings were necessary to be had before the proceeding could be finally determined. Those issues of fact were referred to the Hon. J. T. B. Warne, a judge of the superior court, for trial and determination and following the trial pursuant to said reference written findings thereon have been made and filed herein. The petitioner now moves that these findings of fact be adopted by this court, that a peremptory writ issue, and that the exhibits consisting of individual certificates of electors asking for the recall election be…