Scheafer

I dissent. The duty of the election board is to examine the petition and to determine whether or not each petitioner was qualified as a registered voter at the time he affixed his signature. How can such a duty be performed unless the date of signature be established? The opportunities for fraud in the inauguration of a recall are so numerous that every precaution should be taken to guard against improper practices. It may be that the law does not in terms command the dating of the signatures. It does, however, require the election commissioners solemnly to certify to the status of each signer as a registered voter at the moment when he affixed his name to the petition. They can not possibly perform that duty without evidence upon this subject, and surely the law does not contemplate the calling of all of the signers as witnesses before the board. Therefore, it seems to me, there is a clear implication that the date of signing must be indicated by each of the petitioners or by the person who circulates and verifies the petition.

This is an original proceeding in this court against the board of election commissioners of the city and county of San Francisco, in mandamus, to compel the board to perform its duties with respect to a certain recall petition alleged to have been presented to the board for its action.

On September 27, 1915, the petitioners duly presented to and filed with the said board a petition for the recall of Percy Y. Long as city attorney of said city and county. There were appended to the petition the names of 10,395 persons, said number being more than ten per cent of the total vote cast for mayor of the city and county of San Francisco at the then last preceding municipal election. Added to each signature was the place of residence, with street and number, of the person signing. The petition was duly verified by the persons who circulated the same. Thereupon the petitioners demanded of the board that it proceed to examine the signatures and determine whether or not it was signed by the requisite number of electors, and, if they found it sufficient in that respect, that they proceed to order and fix a date for holding the proposed recall election. The commissioners refused to do so,…