Minges

It is sought by plaintiff to compel defendants by writ of mandamus either to adopt and pass a certain ordinance, or to call a special election at which said ordinance should be submitted to a vote of the electors of said city. No question arises as to the sufficiency of the petition in respect of its form or the number of petitioners or that they had the right, under the initiative and referendum statute, approved January 2, 1912 (Stats. 1911, (Ex. Sess.), p. 131), to propose the said ordinance as an initiative measure.

The objections arise on a general demurrer and are: 1. That it nowhere appears that the signers of the petition submitting the proposed ordinance were registered qualified electors of the city of Merced at the time they signed said petition; 2. That section 10 of the proposed ordinance is in conflict with the Initiative and Referendum Act of 1911, supra.

1. Section 1083a of the Political Code (Stats. 1913, p. 225) provides: “Wherever, by the constitution or laws of this state, any initiative, referendum, recall or nominating petition is required to be signed by qualified electors, only an elector who is a registered qualified elector at the time he signs such…