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145 Cal. 291

78 P 722

Lubliner v. Alpers

California Supreme Court

Decided November 11, 1904

California Supreme Court · decided 1904-11-11

<p>Amendment of City Charter—Constitution—Time for Election-Discretion of Municipal Legislature—Mandamus.—Under section 8 of article XI of the constitution, where amendments to a municipal charter are petitioned for by fifteen per cent of the qualified voters of the city, the legislative authority of the city, though required to submit the same to the voters thereof, has discretion either to call a special election or to wait until the next general election to submit the proposed amendments to a vote of the people; and mandamus will not lie to control that discretion by compelling the ordering of a special election.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-11

How this case has been cited

Cited by 4 later decisions — most recently January 1952

4 state decisions

20190419101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THE COURT.

¶1 The petitioner, a taxpayer of San Francisco, prays for a writ of mandate to compel the defendants to order a special election for the ratification of certain amendments to the city charter, proposed by petition of more than fifteen per cent of the qualified voters of the city.

¶2 Whether or not it is the duty of the defendants to call a special election at this time depends upon the proper construction of the following clause of section 8 of article XI of the constitution:—

“The charter, so ratified, may be amended at intervals of not less than two years by proposals therefor, submitted by the legislative authority of the city to the qualified electors thereof at a general or special election, held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circulation in such city, and ratified by a majority of the electors voting thereon, and approved by the legislature as herein provided for the approval of the charter. Whenever fifteen per cent of the qualified voters of the city shall petition the legislative au *292 thority ’thereof to submit any proposed amendment or amendments to said charter to the qualified voters thereof for approval, the legislative authority thereof must submit the same.”

¶3 We are of the opinion that under this provision of the constitution the defendants are invested with full discretion to order a special election, or, if they deem that course unadvisable, to wait until the next general election to submit the proposed amendments to a vote of the people.

¶4 Writ denied.

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