Ford v. Mitchell

This original proceeding was instituted by the plaintiff to restrain permanently the defendant Secretary of State from certifying to the several county clerks and recorders proposed Initiative Measure No. 38 as a bill to be submitted to the electorate. The defendant has demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.

It appears from the complaint that plaintiff is a resident of the state, a taxpayer and a qualified elector who is entitled to vote at all elections. The official capacity of the defendant is made to appear by…