Thompson

This is a suit for mandamus against the hoard of trustees of the city of Alameda and the trustees individu ally. The case involves the effect of an ordinance of the defendant board, and the refusal of the board to comply with its terms.

The ordinance, so far as material, is as follows:—

Under this ordinance a petition was filed with the board signed by six hundred, or more than ten per cent,- of the legal voters of the city, praying the board to submit to the voters at “a special election” certain propositions therein specified “of local public interest,” relating to proposed railway franchises over certain streets. But “the defendants, it is alleged, have neglected and refused and still neglect and refuse to comply with said petition;” and it is further alleged, in effect, that the board intends to ignore the petition and the ordinance, and to give the franchise to one of certain railroad companies named in the petition. The prayer of the petition is for a mandate to the board to desist and refrain from granting the franchise in question to any corporation, and to comply with the ordinance.

The position of the appellant is, that the ordinance is mandatory, and that compliance…