This cause came on to be heard upon the petition of the relators for a writ of mandamus, the answer of the respondent, the reply of the relators and the demurrer *295 of the respondent thereto, and was argued by counsel. On consideration whereof this court finds:

(1) The demurrer to the reply searches the entire record;

(2) Ordinance No. 2670 of the City of Warren, providing for electric street lighting and for rates to be charged consumers of electricity, was subject to referendum ;

(3) That under the conceded facts of this case the referendum on such ordinance was not instituted in compliance with Section 5 of Article XVIII of the Constitution of Ohio.

It is therefore ordered and adjudged that the demurrer be, and the same is hereby, sustained and a writ of mandamus is denied on authority of Ohio River Power Co. v. City of Steubenville, 99 Ohio St., 421.

Writ denied.