Locher

Mandamus. It appears from the petition that the city of Auburn, Placer county, is a city of the sixth class; that the persons named as defendants are the duly qualified and acting trustees of said city, and that L. F. Morgan is the duly elected and acting clerk thereof; that, on November 22, 1911, a petition was filed with said clerk praying that a certain ordinance relating to the regulation of the sale of spirituous liquors in said city be submitted to a vote of the electors of said city, which said petition was signed by more than thirty per cent of the entire vote cast at the last preceding general municipal election held in said city; that, within ten days thereafter, the said clerk did examine and ascertain, from the records of registration of said Placer county, that said petition was signed by more than thirty per cent of the qualified voters of said city and equal in number to more than- thirty per cent of the entire vote east at said last general municipal election; that said clerk thereupon, on December 2, 1911, did attach to said petition his certificate in the words and figures as follows:

That thereafter, on December 4, 1911, the said respondents convened as a board…