Webster

Appeal from a judgment denying an application for a writ of mandate. Petitioner is a resident elector, property owner and taxpayer in the city of San Diego. Respondents are members of the common council of said city, which city is organized under a freeholders’ charter containing a provision for the enactment of ordinances by direct vote of the electors of the city.

The South Park and East Side Railway Company, a corporation, was granted a franchise to erect and maintain a wharf and pier in the tide lands and waters of San Diego bay by the board of state harbor commissioners for the bay of San Diego, under the provisions of section 2606 of the Political Code, the said pier or wharf so provided to be •erected being within the limits of the city of San Diego.

The record does not disclose that the corporation holding such franchise ever asked or requested or demanded of that ■city, or of respondents, that an ordinance ratifying and confirming said franchise should be enacted, but certain persons by a petition signed by the requisite number of registered electors of said city submitted to said common council ■a proposed ordinance for that purpose, as provided by section 2 of chapter…