Othmer
Othmer v. City Council of Long Beach
Opinion
Lead Opinion
Shenk, J.
Mandamus to compel the City Council of the City of Long Beach to call a special recall election.
Section 308 of the city charter (Stats. 1921, p. 2145), so far as pertinent to this controversey, provides: “The holder of any elective office, or the city manager, in the city of Long Beach, may be recalled by the qualified electors of the city of Long Beach at any time after he has held office for six months. Not less than ten nor more than twenty-five qualified electors of the city of Long Beach may originate a petition of recall in the following manner: The said qualified electors shall file with the city clerk a petition containing a general statement of the ground or grounds for which the recall of the official is sought. This petition shall be signed by each of the petitioners originating the recall, each signer adding to his signature his place of residence, giving street and number, and the date of signing. The city clerk shall file the petition, and shall cause the said petition with the signatures attached thereto to be published for three successive days in the official newspaper of the city, with notice therein that said petition is in the city clerk’s office open for…