Chambers

By an original application to this court petitioner seeks a writ of mandate to require the secretary of the board of directors of said district to certify to the sufficiency of a certain alleged petition filed with him for the recall of the directors and also to require the board to call an election based on such petition. It may be stated that, of the three directors sought to be recalled, one has died and another has resigned and their successors have been chosen since the petition was presented to the secretary. A demurrer on various grounds has been filed by the Irrigation District and the board of directors and a separate demurrer and an answer by the secretary, Charles P. Lambert. The answer puts in issue the question of the sufficiency of the alleged petition both as to form and the necessary, signatures and also denies that the petition referred to in this application is the same as the recall petition which was filed with him. We think, though, that we need go no further than the admitted facts to reach the conclusion that the writ should be denied.

The office of the writ of mandate is well understood and it is not doubted that the duty of said secretary in the premises…