State ex rel. Griffith v. City of Walnut

The opinion of the court was delivered by

Hoch, J.:

This is an original proceeding in mandamus to require *206the submission to a popular vote, under the provisions of G. S. 1947 Supp. 12-2001, of a municipal ordinance granting an electric-light franchise. The issue is here on a motion by the defendant city to quash an alternative writ previously allowed..

Omitting formal averments, the motion for the writ alleges that on July 14, 1947, the city officials of Walnut, Kan., adopted ah ordinance granting to O’Brien and McClung, doing business as the Walnut Gas and Electric Company, a twenty-year…