The People v. Kapp

Under the provisions of the law pertaining to the commission form of city government certain citizens of Springfield, appellees here, presented to the council of that city a petition to initiate the passage of a proposed ordinance increasing the salaries of members of the city’s fire department or to compel its submission to the electorate. Upon the refusal of the council to either pass the ordinance or to submit it to the voters a petition for a writ , of mandamus was filed in the circuit court of Sangamon county to compel the desired action. A demurrer to the petition was sustained in the…