Opinion
Docket No. 12396.
August 15, 1939.
APPLICATION for a writ of mandate to compel the attorney-general to prepare and furnish a corrected title and summary of a statute for use in referendum petitions. Writ denied.
Petitioner, the author of a statute relating to control of oil and gas which was adopted by the legislature and approved by the governor, sought a writ of mandate to compel the attorney-general to prepare and furnish a new title and summary of said statute for use in referendum petitions. Petitioner alleged that respondent prepared and furnished a purported title and summary which did not adequately, truly or correctly summarize the "chief purpose and points" of the statute as required by section 1 of article IV of the Constitution.
Smith, Peek Aspey and Bartlett Kearney for Petitioner.
THE COURT.
[1] The petition is denied for the reason that the facts alleged therein are insufficient to justify the issuance of a writ of mandate in accordance with the prayer of the petition.
White, J., was in favor of the issuance of said writ.