Barnes

—The issue of law here before us is presented by a petition for writ of mandate, with general demurrer thereto. Petitioner is a property owner in a disputed area which is either in or near the city of Long Beach, county of Los Angeles, state of California. Respondents are the City Council of the said city and the individual members constituting said council.

The petition recites proceedings in due and regular form under the act of March 20, 1889, as amended by the act of April 22, 1927, in effect July 29, 1927 (Stats. 1927, p. 421), to exclude from the municipality of Long Beach certain territory therein described, known as the West Shoestring Strip Exclusion District. Elections were regularly called and voting occurred both in the exclusion district and in the remaining area of the city and decisive majorities re-, suited in both areas in favor of exclusion. As required by statute, the City Council met following said elections, canvassed said returns and declared said results. But the statute imposes upon said Council a further duty, to wit: that said body “shall, by an order entered upon their minutes, cause their clerk or other officer performing the duties of clerk, to make…