State ex rel. Lambert v. Superior Court

Citations

• 59 Wash. 670
• 110 P. 622
• 1910 Wash. LEXIS 1259

Syllabus

<p>Municipal Corporations — Formation op Charter — Elections— Time fob Holdins — Discretion—Statutes. An election to choose fifteen freeholders to prepare a new city charter for cities of the first class, under Rem. & Bal. Code, § 7498, must be called by the city council within a reasonable time after due petition therefor is filed, in view of the failure of the statute to fix the time, and of § 7499, requiring the proposed charter to be submitted at an election to be called “immediately”; hence, the provision of § 7502 that the election may be general or special only vests in the council a discretion to fix upon the next general election in case the same is to occur within a reasonable time.</p> <p>Same — Abuse op Discretion — Mandamus. Where a city council is petitioned on May 24th to call an election to choose fifteen freeholders to prepare a new city charter, under Rem. & Bal. Code, § 7498, it is an abuse of discretion for the city council to fix the date therefor upon the next general election to be held on the first Tuesday of May, 1911; and mandamus lies to compel the council to fix upon a reasonable time.</p> <p>Same — Time por Holding — Election—Courts—Political Question. The question of the necessity of holding an election to choose freeholders to frame a city charter at an earlier time than one year in the future, is usually a political question not susceptible of proof in a court.</p>