19 P.2d 983 | Cal. | 1933
THE COURT.
This is a petition for a writ of mandate. The facts are undisputed. Pursuant to article
[1] The relevant provision of the above-mentioned section of the Constitution is as follows: "Said board of supervisors shall thereupon cause said proposed charter to be published for at least ten times . . . and the first publication . . . shall be made within fifteen days after the filing of a copy thereof, as aforesaid, in the office of the county clerk." Respondents contend that since the Board has failed to make the first publication within fifteen days from filing, it is without jurisdiction to take any further steps toward publication or completion of the proceedings. We are reluctantly forced to agree with this contention. The provisions of our Constitution are mandatory unless by express words they are declared to be otherwise. (Const., art. I, sec. 22.) The provisions of article XI, section 8, requiring advertisement of the availability of copies of proposed city charters, were held to be mandatory inPeople v. San *517 Buenaventura,
The petition is denied.