Bennett
Bennett v. Drullard
Opinion
Lead Opinion
This is an appeal from the judgment of the superior court of the county of Santa Cruz, denying the application of the appellant for a writ of mandate, directed to the city council and city clerk of the city of Santa Cruz, commanding them to submit a certain initiative ordinance to the electors of said city, to be voted upon by them at the next municipal election.
The ordinance referred to in the petition relates and purports to make unlawful the sale of alcoholic liquor in said city. Accompanying this proposed ordinance, which consists of several sections, and embraced in the same initiative petition, are two alternative propositions purporting to make certain changes in the form and effect of sections 6 and 7 of the main ordinance, and which the petitioners also seek to have submitted and voted upon at said election. The appellant’s application for a writ of mandate to compel the submission of said initiative ordinance and of said alternative propositions was denied by the superior court, and, in the opinion of this court, was properly denied for the reasons which were set forth by the judge of said court in a written opinion accompanying the order denying the same, which…