Woodward

On November 19, 1895, the judge of the superior court of Sonoma county issued the alternative writ of the court directed to the defendants, the common council of the city of Santa Rosa, commanding them to advertise, as required by law, for bids for the lighting of the streets and public buildings and other public places of said city, and to show cause why a. peremptory writ of mandate should not issue requiring them so to act.

A demurrer to the original petition was sustained and ten days *31 given to amend, and in the mean time the alternative writ was continued in force.

A verified, amended petition was filed and a verified answer was filed. The cause was tried by the court, and judgment went for defendants dismissing the writ. Plaintiff appeals from the judgment and from the order denying its motion for a new trial.

It is sought to compel the defendants to advertise for sealed proposals for lighting the city and to let a contract under such advertisement. The action is brought under an act approved March 26, 1895 (Stats. 1895, p. 191), section 1. The act provides that “before any city .... shall enter into any contract for the lighting of its streets .... the city council…