Simons v. Monson, Secretary of State

MOFFAT, Justice.

Pursuant to proceedings, an alternative writ of mandamus was issued out of this court directed to the defendant as Secretary of State, requiring him to make a recount of the signatures signed to an initiative petition, or show cause why he should not do so. Omitting some matters not pertinent to the issues, the following is a statement of the material facts agreed to by the parties and upon which the issues were made, argued, and submitted:

“That ten per cent of the votes cast for all candidates for governor in the general election in 1936 is 21,523.

“Prior to July 8, 1938,…