Gabbert
Gabbert v. Perry
Opinion
Lead Opinion
Conrey, J.
Certiorari. This is a proceeding to review the action of the defendant city clerk of the city of Needles whereby on March 4, 1918, he certified to the sufficiency of an initiative petition by which the board of trustees of the city of Needles was petitioned to adopt an ordinance set forth in the petition, or to submit the question of adopting said ordinance to the qualified electors of the city of Needles at the general municipal election to be held in said city on the eighth day of April, 1918. The proposed ordinance is an ordinance providing that the sale of intoxi eating liquors for beverages be prohibited in the city of Needles after the thirty-first day of December, 1918.
The proceedings initiated by said petition are governed by the provisions of an act entitled, “An act to provide for direct legislation by cities and towns, including initative and referendum,” approved January 2, 1912. (Stats. Ex. Sess. 1911, p. 131, being Act No. 1624 of Deering’s Gen. Laws.) In that statute it is provided that within ten days from the date of filing the petition, “the clerk shall examine, and from the records of registration, ascertain whether or not said petition is signed by the…