Carter

A proceeding in mandamus to compel respondents above named to call a special election in the city of Albany for the purpose of determining whether that city shall be consolidated with the city of Berkeley. The two cities are contiguous, the city of Berkeley having the greater population and the larger number of electors.

Section 2 of the Municipal Consolidation Act of 1913 (Stats. 1913, p. 577), provides as follows: “Whenever a petition signed by not less than one-fourth in number of the qualified electors of any municipal corporation, as shown by the registration of electors of the county in which such municipal corporation is situated, is filed with the legislative body thereof asking that such municipal corporation and another municipal corporation contiguous thereto, designated in such petition and having a greater population, be consolidated, such legislative body must without delay call a special election and submit to the electors of such municipal corporation the question whether such municipal corporation shall be consolidated ...” It is admitted that on October 1, 1928, there was filed and presented to respondents at their regular meeting a petition, purporting to be…