Hyde

Plaintiffs, alleging themselves to he duly qualified and registered voters within the municipal limits of the city of San Diego, brought this proceeding against the mayor and common council of said city to compel the council to either pass or submit at a special election a certain ordinance desired to be put into effect by the petitioners. A judgment for the issuance of a peremptory writ was made after hearing had, and defendants have appealed.

The proposed ordinance had to do with the matter of material to be used in street construction and surface work, and the material clause thereof is as follows:

Numerous grounds of objection to the claim of the petitioners were raised by the answer made to the petition, and it is insisted here that, upon any one of the grounds alleged, the petition should have been denied. It will not be necessary to give particular attention to each of the grounds urged by appellants. A determination of the one main question argued in the briefs is all that is essential to a consideration of this appeal. This contention is, briefly, that the city of San Diego is governed by the general law of the state in the matter of the improvement of her streets; that…