Nielsen

An original application was made in this court for a writ of mandate to require respondent to act upon the bond of petitioner, as county superintendent of schools for Butte County, and either approve or disapprove the same. The alternative writ was issued and upon the return day Irvin Passmore was permitted to become a party to the action, and file an answer and petition, setting up his claim as the legally constituted county superintendent of schools of said county and praying that respondent be directed to approve or disapprove the bond which had been tendered to Mm by said Passmore as such, superintendent. The whole difficulty arises from the question as to the authority of the board of trustees which made the appointment of superintendent of schools. The county of Butte is operating under a special charter ratified at a general election held November 7, 1916, and approved by the legislature on January 27, 1917. (Stats. 1917, p. 1791.) In article VII, sections 1, 2, and 3, of said charter are found all the provisions in reference to the appointment of a superintendent of schools as follows:

Prior to the fourth day of December, 1922, George W. Jones, Fred M. Turner, John…