Appeal from a Quo Warranto proceeding initiated by several resident property owners in an area sought by other property owners to be annexed to Bountiful City. Reversed, with no costs awarded.

The statute allowing such annexation requires that a petition be filed, signed by a majority of the owners and not less than a sufficient number of owners representing a third in valuation of the *160property, “as shown by the last assessment rolls.” 1

There were 373 such owners shown on the assessment rolls, and 199 signatories to the petition for annexation, which ordinarily would comply with the statute. However, at the meeting of the City Council at which the matter was heard, a petition by 26 of the signers was presented asking to withdraw their names from the petition, which, if allowed, would result in a failure to comply with the statute, by some 13 signatures.

The City urges that the number of signatures should be determined by owners shown on the recorder’s records, not those shown on the assessment rolls. Difficulty with such urgence is that the statute says nothing about the recorder’s records as a test of eligibility, but only the owners shown on the assessment rolls. If this court should make the obvious substitution contended for, it would result in judicial legislation, — a luxury not indulgeable by this court.

A lot of discussion was entertained, pro and con re filing the withdrawal with the City Recorder or the Council2, whether the Council’s hearing was at a “special” or “regular” meeting,3 whether those wishing to withdraw had any standing in court under Quo Warranto proceedings,4 *161etc. We believe the only pertinent question in this case is whether the withdrawal request was timely, — it being conceded by all that it preceded the adoption of the annexation ordinance.

Like a woman’s prerogative to change her mind, we think the petitioners’ request for withdrawal of their signatures before the petition for annexation was acted ’upon is even something more convincing than the accepted and revered feminine license. They say they were confused and under the influence of a petition-circulator’s zealous potion. Why should these petitioners not be granted their request if it is presented to those in authority before the latter make annexation a fait accompli by ignoring the request of those, who, apparently with studied conviction, honestly seek to erase their participation be-1' fore action is taken ?

We believe and hold their petition to be well taken and the ordinance of annexation therefore invalid for inadequacy’ of signatories required by the statute.

We think our conclusion here is supported by most of the authorities. It is pretty well conceded that the authorities generally hold that such petitioners can withdraw 1) before the petition is filed but 2) not after the ordinance is enacted under proper procedures.5 There is no statutory interdiction in the instant case against withdrawal after the filing but before enactment. It is conceded that there is a division of authority in this area. Therefore we look to precedent and in doing so we believe our conclusion here is supported not only by our own court,6 *162but by a well respected majority view elsewhere.7 There should be some way in this case, under the statute, reasonably and fairly and quickly to apprise almost all of the people as to the issue and consequences involved, with reasonable opportunity for all or some of the people to express their approval or disapproval within a reasonable time, in accordance with statutory formulae. That would seem to comport with the traditional American idea as reflected in the historical town meeting-concept.

The case is reversed and remanded with instructions to enter a judgment in accordance with plaintiffs’ prayer that the subject ordinance be declared invalid, and enjoining its enforcement, and in consonance with the observations and conclusion hereinabove set forth.

(concurring in the result).

I concur in the result but do it solely on the ground that the statute was not followed by the defendant, in that the City Council voted on the petition for annexation at a specially called meeting. The statute under which the City Council is required to act is Section 10-3-1, U.C.A. 1953, and so far as material here reads:

Whenever a majority of the owners of real property and the owners of not less than one-third in value of the real property, as shown by the last assessment rolls, in territory lying contiguous to the corporate limits of any city or town shall desire to annex such territory to such city or town, they shall cause an accurate plat or map of such territory to be made under the supervision * * * of a competent surveyor, and a copy of said plat or map, certified by said * * surveyor * * *, shall be filed in the office of the recorder or town clerk of the city or town, together with a petition in writing, signed by a majority of the real property owners and by the owners of not less than one-third in value of the real property, as shown by the last assessment rolls, of the territory described in said plat; and * * * the city council, * * * at the next regular meeting [Emphasis added] thereof shall vote upon the question of such annexation. * * *

The regular meetings of the City Council were held on the first and third Wednesdays of each month. December 7 was a regular meeting, and the next regular date for the council to meet would be December 21.

*163, There was a petition presented to the council on December 7 praying for annexation, but as it did not have the required number of names, it was withdrawn for the purpose of remedying that failure. The City Council then and there called a special meeting for December 14. At the meeting on December 14 the Council amended its minutes made December 7 to show that a regular meeting was called for December 14.

This change in the minutes did not create a regular meeting date, and this meeting remained a special meeting the same as if the minutes had not been amended, and was not a regular meeting within the meaning of the law. Everyone living in the defendant city knew when the council regularly met and could be present if they cared to oppose a matter under consideration. Any other date set would be known only to those present at the time of the setting thereof, and even though such date be advertised in stentorian tones, it still would not be regular.

Believing as I do that the ordinance of annexation was not properly passed, I do not think it is necessary to decide the other issues, and particularly the question of whether a nonowner of property can sign a petition for annexation merely because a year or so prior thereto he happened to have his name upon the assessment roll.