State ex rel. Malone v. Jacobs

*514The opinion of the court was delivered by

Hutchison, J.:

This is an original proceeding in mandamus brought against the commissioners of the city of Hays City, seeking to compel them to either repeal ordinance No. 1169 or submit the matter to a vote of the electors of the city in accordance with the prayer of a referendum petition filed with the city clerk. The ordinance in question was one providing for the condemnation of a strip of land, the property of private owners, for the purpose of widening' Park avenue and providing for the payment of the cost thereof. This action was first instituted…