Riddle

The petitioners pray for a writ of mandamus to compel the respondent, city clerk of the city of Healdsburg, to place their names upon the ballot to be printed for a recall election to be held on April 12th next.

The recall election is directed to the recall of all the incumbent city trustees, two of whom are filling terms which expire in 1926 and three of whom are filling terms which expire in 1924. The petitioners filed nominating petitions under section 1188 of the Political Code, by which three of the petitioners were nominated for terms expiring in 1924 and two for terms expiring in 1926, but there was no designation in the petition of the particular individual which each nominee sought to succeed. The respondent contends that it was essential to the nominating petition and to the preparation of the ballot that each nominee should designate the particular trustee that he expected to succeed in the event of the recall of the incumbent.

The question arises under a statute enacted at the extra session in 1912 (Stats. 1911, Extra Sess., p. 128) for the recall of elective officers of incorporated cities and towns.

We think it clear that the position of the respondent must be…