Osborn

The application is for a writ of mandate to compel the board of supervisors of Merced County to repeal a certain ordinance enacted by said board or to submit the same to the voters of said county. Respondents have filed a demurrer and an answer to the petition, although there seems to be no controversy as to the facts. The ordinance in question is set out in the petition and it is sufficient to say that it provides for discontinuing one of the judicial townships of the county and the re-establishment of the boundaries of another township so as to include the one abolished.

Three points are made by respondents: “1. That the protest petition does not conform to the law; 2. That the ordinance in question is not an ordinance subject to referendum; 3. That the protest petition was not properly circulated, signed, attested, and filed under and in compliance with the provisions of section 4058 of the Political Code.”

For a discussion of the general principles involved herein it is sufficient to refer to Chase v. Kalber, 21 Cal. App. Dec. 481, and Minges v. Board of Trustees of City of Merced, ante, p. 15, [ 148 Pac. 816 ], recently decided by this court. The special objections and…