Moore

This is a proceeding in mandamus to compel respondents to advertise, within fifteen days from July 5, 1922, a proposed amendment to the charter of the city of Los Angeles. On application made to this court in the first instance, an alternative writ of mandate was issued, and thereafter respondents appeared and filed their answer.

From the uncontroverted averments of the petition and the stipulations of the parties, the following facts are made to appear: On July 5, 1922, a petition, signed by more than fifteen per cent of the registered electors of the city of Los Angeles, requesting the submission of an amendment to the city charter, was filed with the city council and the signatures thereto were duly certified by the city clerk. On the same day, at a regular meeting of the city council, a motion was made to advertise such proposed amendment within fifteen days, but, for lack of the requisite number of votes, the motion failed to carry. Thereafter, on July 13, 1922, at a regular meeting, the city council adopted a resolution whereby it declared it to be its purpose and intention to submit the proposed amendment to the electors of the city not later than the general election to…