Haas

The respondents are the city clerk and the members of the board of trustees of the city of Sawtelle, and in this proceeding we are asked to require the trustees to canvass the returns of a certain election held in the city, to require the clerk to enter the result of the canvass upon the minutes of the trustees, and to direct all the respondents to perform certain other acts required by law in the premises. The petitioners are taxpayers, property owners, and registered voters and electors of Sawtelle.

The respondents contend that the petitioners are not beneficially interested in the relief sought, section 1086 of the Code of Civil Procedure providing that the writ of mandate “must he issued upon the verified petition of the party beneficially interested,” and that, for that reason, the petitioners have not legal capacity to sue. The election in question was held for the purpose of determining whether the city of Sawtelle should be consolidated with the city of Los Angeles. Whether the former city is to become one with the latter bears a direct relation to the question of the amount of taxes in future to be paid by petitioners, and either consolidation or no consolidation with…