Walker

This is an original petition filed in this court praying for a writ of mandate commanding respond ent to make and issue an assessment to cover the sum due for work performed and materials furnished in the completion of a contract under the “Improvement Act of 1911”, and attach thereto a diagram of such assessment, together with a warrant for the amount due.

The city of Fresno is a municipal corporation organized as such under a freeholders’ charter. The respondent, C. C. Van Valkenburgh, Jr., was at times material to this proceeding, acting superintendent of streets of city of Fresno. Petitioners were contractors who performed the work of constructing and installing an electrolier system on certain streets of the city of Fresno.

The case comes before us on an agreed statement of facts from which it appears that all the proceedings taken by the city were in due form and in accordance with the provisions of the Improvement Act of 1911, save, however, two controversial exceptions, and that the contract was fully performed in accordance with the plans and specifications. Respondent maintains that these exceptions justify his refusal to proceed with the assessment.

It is admitted…