Hops

This is an application for a writ of mandate to require respondent, who is the county clerk of Calaveras County, to file a petition for an election to determine whether the sale of alcoholic liquors shall be licensed in the fifth supervisorial district of said county. There is no question raised as to the sufficiency of said petition or that it was executed with the formality required by the statute, but respondent claims that to file said petition at this time would require an election to be had on the proposition at the approaching general election on November 3, and that this election would be illegal by reason of the fact that the same question was submitted at the last general election held November 5, 1912, less than two years prior to said November 3.

Section 4 of “An act to provide for the regulation of the traffic in alcoholic liquors by establishing local option” (Stats. 1909, p. 599) directs the clerk within ten days after filing such petition, if he is satisfied itfis signed by the requisite number of qualified electors, to so certify in writing and, furthermore, said section provides: “If the petition shall be certified as sufficient, the legislative or governing…