Migliavacca

This is a direct application to this court for a writ of prohibition, the purpose of which is to restrain the respondents—the city of Napa and its mayor, city clerk and councilmen—from submitting to the voters of the said city of Napa certain proposed amendments to the charter, to be voted upon by said voters at the general municipal election to be held in said city on the third day of May, 1909.

The city of Napa, as a municipal corporation, is governed by a freeholders’ charter, adopted in accordance with the requirements of section 8 of article XI of the constitution.

It appears from the averments of the petition that on the twentieth day of January, 1909, under an ordinance previously adopted by the city council for that purpose, a special election was held in said city at which were submitted certain proposed amendments to said charter. None of these proposed amendments received the required number of votes for their ratification, and were, therefore, rejected by the electors voting at said election.

On the 16th of February, 1909, “another petition, duly signed by more than fifteen per cent of the qualified voters of the said city of Napa, requesting the legislative…