Ault v. Council of City of San Rafael

CARTER, J., Dissenting.

I dissent.

In my opinion petitioner is clearly entitled to the issuance of a writ of mandate as prayed for in his petition.

Article XI, section 8, as amended in 1936, provides in part:

“The charter of any city or city and county may be amended by proposals therefor submitted by the legislative body thereof on its own motion or on petition signed by fifteen per cent of the registered electors, or both. Such proposals shall be submitted to the electors at either a special election called for that purpose or at any general or special election. Petitions for the submission of…