Osborn v. Board of Supervisors

BURNETT, J.

The application is for a writ of mandate to compel the board of supervisors of Merced County to repeal a certain ordinance enacted by said board or to submit the same to the voters of said county. Respondents have filed a demurrer and an answer to the petition, although there seems to

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be no controversy as to the facts. The ordinance in question is set out in the petition and it is sufficient to say that it provides for discontinuing one of the judicial townships of the county and the re-establishment of the boundaries of another township so as to include the one abolished.

Three points are made by respondents: “1. That the protest petition does not conform to the law; 2. That the ordinance in question is not an ordinance subject to referendum; 3. That the protest petition was not properly circulated, signed, attested, and filed under and in compliance with the provisions of section 4058 of the Political Code.”

For a discussion of the general principles involved herein it is sufficient to refer to

Chase

v.

Kalber,

21 Cal. App. Dec. 481, and

Minges

v.

Board of Trustees of City of Merced, ante,

p. 15, [148 Pac. 816], recently decided by this court. The special objections and criticisms of respondents as to the contemplated procedure may receive brief consideration.

The first claim of respondents is that the certificate of the clerk attached to the referendum petition is insufficient by reason of its failure to recite that said petition was signed by a sufficient number of “registered qualified electors” and that the clerk ascertained this fact by an examination of “the great register of 1914.” Said certificate, as far as material, is as follows: 1 ‘ That after said petition was filed as aforesaid I, as said clerk, examined the records of registration in said county to determine therefrom if a sufficient number of qualified electors signed said petition and from said examination I, as said clerk, have found that a number of qualified electors in excess of ten per cent of the vote cast for all candidates for the office of governor at the last general election signed said petition, each and all of whom were qualified electors of said county at the time they so signed.” The foregoing is similar to the certificate considered in the Minges case, and, for the reasons stated therein, we hold it sufficient.