Butters

This is a petition for a writ of mandate. The facts are undisputed. Pursuant to article XI, section 7y2, of the California Constitution, the requisite number of qualified electors of Imperial County petitioned for the election of a board of fifteen freeholders to prepare a new charter for said county. An election was held and the persons elected prepared a charter, which was duly signed and copies filed with the county clerk and county recorder on November 1, 1932. On November 14th, the respondent Board of Supervisors passed a motion to publish the charter, as required by said section of the Constitution, the first publication to be November 15th; but for some reason this direction was not carried out on that date. Thereafter, the Board was advised that there was doubt as to its power to proceed further in the matter, and it therefore refused and still refuses to publish the charter. Petitioner, a resident elector and property owner, seeks this petition to compel respondents to do so.

The relevant provision of the above-mentioned section of the Constitution is as follows: “Said board of supervisors shall thereupon cause said proposed charter to be published for at least ten times…