City of Watts v. Superior Court

This is a proceeding whereby the plaintiffs ask that the defendant superior court be prohibited from proceeding further in the trial of an action entitled Van Zandt v. City of Walts et al., and from entering any decree or order of injunction therein. An alternative writ of prohibition was issued by this court. The defendant has responded thereto by a motion to quash the alternative writ, by a demurrer to the petition, and by an answer. The defendants in the injunction case are the city of Watts and its board of trustees and the members thereof. The city of Watts is a municipal corporation of the sixth class.

On or about the twentieth day of September, 1917, there was filed with Virgil R. Franklin, city clerk of the city of Watts, a petition which by its terms requested that the board of trustees of that city cause to be submitted in the manner provided by law to the voters of the city the proposition, “Shall the sale of intoxicating liquors be licensed in this city?” This petition purported to be signed by residents and qualified electors of the city of Watts. On October 9, 1917, the said city clerk filed with the board of trustees the said petition, with his certificate attached…