Thompson v. Board of Trustees

SMITH, C.

This is a suit for

mandamus

against the hoard of trustees of the city of Alameda and the trustees individu

[282]

ally. The case involves the effect of an ordinance of the defendant board, and the refusal of the board to comply with its terms.

The ordinance, so far as material, is as follows:—

Section 1: “Whenever ten per cent of the legal voters of the city of Alameda shall petition in writing therefor, the board of trustees shall submit to said voters such proposition of local public interest as may be specified in said petition, said submission to be made for the purpose of enabling the. said voters to express their approval or disapproval of the question so to be voted upon, and to be made in the form and manner in this ordinance hereinafter provided. ’ ’

Sections 3 and 4 provide for the submission of the question to be voted on to the voters at “any general or municipal election,

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and the duties of the city clerk thereto.

Section 5: “ The result . . . shall be regarded by the trustees ... as advisory of the line of action of said board. ’ ’

Under this ordinance a petition was filed with the board signed by six hundred, or more than ten per cent,- of the legal voters of the city, praying the board to submit to the voters at “a special election” certain propositions therein specified “of local public interest,” relating to proposed railway franchises over certain streets. But “the defendants, it is alleged, have neglected and refused and still neglect and refuse to comply with said petition;” and it is further alleged, in effect, that the board intends to ignore the petition and the ordinance, and to give the franchise to one of certain railroad companies named in the petition. The prayer of the petition is for a mandate to the board to desist and refrain from granting the franchise in question to any corporation, and to comply with the ordinance.