The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-08-16

where he owns a farm. he voted in
said precinct for county and state Of
hcers. That on the Gath day of July.
1911. he registered in North Yakima
as an elector, and since said date has
been registered as an elector That
it was not his intention when he voted
in Cowiche precinct. in the fall OF
1910. to either change his residence
or change his right to vote in North
Yakima, and that at said time Of vot-
ing and at all times since, and since
the year 1907, he has retained his
physical residence and the residence
of his family in the city of North
Yakima.
Adopted Commission Form
THAT the city or North Yakima is
q municipal corporation, organized
and existing under the laws of the
state Of Washington, and that said
city, under an act of the legisla ture
of the state Of Washington, passed
on March A.. 1911, and approved by
the governor March II, 1911; on the
18th day of July, 1911. adopted the
commission form of government, as
IN said act provided.
THAT thereafter on the 18th day
of August, 1911, at regular ses-
sion of the city council of said city,
the said city council duly and regu-
larly passed resolution, calling an
election in said city. for the purpose
of electing officers in said city under
and in virtue Of said Act of the leg
islaturc That In said resolution, the
said city council, set the day for hold
ing the election, on the 9th day of
September, 1911, and the primary
election on the second Monday proceed
ing the 9th day of September, to-
wit: the 2Sth day of August. 1911,
That more than 100 qualified voters
of the city of North Yakima, by duly
said statute, have requested this pc
titioner and affiant to become a can
didate for mayor at said election.
THAT said petitioner and affiant,
upon the 18th day Of August. 1911,
duly presented to the said defendant.
the city clerk of said city OF North
Yakima, said petition and state
ment of his candidacy for said posi-
ton as mayor of said city, as pro-
vided for in Section I of said Act,
accompanied by the sum of s2b as a
filing fee, and requested said clerk
to file said statement, and said re-
quest of said voters, and place his
name upon the primary ballots and
publish the same a : required by said
statute, Said clerk refused to do 80
and still refuses SO to do.
Writ Necessary
THAT ii is necessary In order for
petitioner and affiant to have said
petition fled and petitioner and af-
fiants' name placed upon said pri-
mary ballots, that this court issue its
writ of mandamus requiring and
commanding the said ]. G. BROKER,
clerk of the city of North Yakima,
to file said nomination, statement and
copy of the petition and to place
petitioners and atlantis name upon
said primary ballot
Wherefore petitioner and affiant
prays, that a writ of mandsmus may
issue. commanding the said J. G.
Brooker, clerk of the city of North
Yakima, as aforesaid, to file said
nomination, statement and petition
and to place the name Of petitioner
and affiant upon the primary bal
lot for said election, and In every
other way, manner and form to treat
and regard him as a candidate at
said primary election for said office
as MAYOR. That he have such other
and further relief as may be meet and
proper in the premises"
City Attorney Lockhart filed a de-
murrer to the petition on the ground
that the affidavit did not show facts
sufficient to constitute a cause for
action, and waived the issuance Of an
alternative writ