Crowhurst

— This is a proceeding in mandamus to compel the City Council of the City of Albany and the individual members thereof to submit without delay to the electors of that city at a special election to be called and held pursuant to the provisions of section 2 of the Municipal Consolidation Act of 1913 (Stats. 1913, p. 577) the proposition whether such municipality shall be consolidated with the city of Berkeley.

The electors’ petition filed with the City Council initiating the proceedings for the holding of such election was the second one of its kind to be filed for that purpose. The first was declared illegal by this court on March 15, 1929, upon the ground that it did not conform to the requirements of the statute (Carter v. Green, 97 Cal. App. 564 [ 276 Pac. 120 ]). Before the judgment therein became final and on April 8, 1929, a new petition was filed with the City Council, upon which it refused to act on the ground that the legal proceeding involving the validity of the first petition was still pending. Thereupon mandamus proceedings were instituted to compel the Council to take action thereon, and on May 20, 1929, Division Two of the District Court of Appeal, District One,…