Ley

Concurring and Dissenting. — I concur in the views expressed in the foregoing opinion, except those set forth in paragraph C thereof, the effect of which is to hold that a referendum petition signed by a married woman by using the name of her husband with the prefix, “Mrs.” instead of her own given name is valid and should be so certified by the city clerk. The statute requires that the affidavit of registration of a married woman must show her name at length, including Christian or given name, and middle name or initial, to be preceded by the designation of Mrs. Where the petition is signed by a married woman using her husband’s given name with the designation of Mrs., the city clerk, so the majority opinion holds, must then ascertain whether there is registered at the same address given by her in her affidavit of registration a man with the name given by her in signing the petition, and if so, he is then to determine whether the two are husband and wife, and if the evidence considered by him is sufficient for this purpose, he must then hold her signature to the petition as valid and count it in making up the total signatures on the petition. I do not believe that the legislature…

Petitioner request a writ of mandate directing the city clerk of the city of Los Angeles to examine certain referendum petitions according to law, in order to determine whether the same are signed by the requisite number of qualified electors, and to certify the results of his examination to the city council. By stipulation it was agreed that, subject to the terms of the stipulation, the findings of fact in certain action entitled Woodward v. Dominguez should be deemed to be the facts in this proceeding and determinative of all issues of fact herein presented. As disclosed from these findings, and from the admitted allegations in the pleadings, the following are the facts out of which this controversy arose:

The city council of Los Angeles duly passed two ordinances, by the terms of which certain real property, which had theretofore been restricted to a residential use, was included within the zones permitting .a qualified business use thereof. The two ordinances were duly published,' as required by the terms of the city charter, on February 13, 1930. On March 15, 1930, certain documents, purporting to be referendum petitions, were delivered to respondent clerk. These petitions…