People ex rel. Miller v. Common Council

This is a petition for a writ of mandamus to compel the persons composing the common council of the city of San Diego, and the mayor of said city, to submit a certain question to the electors of said city concerning the separation of certain lands from the territory now under the municipal jurisdiction thereof. An alternative writ issued, and the case was heard and submitted upon a demurrer and answer to the petition.

We have been urged to decide the case speedily; but no brief has been filed by respondents, and not a very elaborate one by petitioner.

•On March 19, 1889, an act of the legislature was approved, entitled “An act to provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom.” (Stats. 1889, p. 356.) This act consists of three sections. On the next day— March 20, 1889—another act was approved, having the same title as the one first above named. (Stats. 1889, p. .433.) This last act contains only two sections. Section 3 of the first act and section 2 of the second act merely contain a provision that the act shall go into effect immediately. Section 1 in the second act is literally the same as section 1 in the first…