Dubose v. Kelly

(dissenting).—I cannot concur in the .opinion prepared by Mr. Justice Chapman. '

An affidavit made and filed by twenty-five qualified electors of the city is a jurisdictional requirement as the basis for. the circulation of recall petitions. An affidavit is not made unless an oath is administered by an officer duly authorized to administer oaths. Four of those who signed the alleged affidavits swore that the}? did not swear to the truth of the contents of the alleged affidavit before any officer authorized to1 administer oaths. The notary public who purported to have administered the oaths to…