Clay

Petitioner herein sought and obtained a writ of mandarines against the auditor of the city of Oakland, commanding him to draw his warrant in favor of petitioner for the sum of $3,763.96, payable out of a certain fund raised by a bond issue and known as the “Clawson School Construction Fund.” This appeal is from such judgment.

Appellant justifies his refusal to issue such warrant upon the ground that the amount for which it is sought to have the warrant drawn represents expenditures by the board of education of the city of Oakland in excess of the sum of five hundred dollars, and which therefore were in violation of the charter provisions of said city requiring advertising and competitive bidding, and upon the further ground that the amount represents expenditures for matters and things other than those for which the bonds creating said fund were issued.

From the petition the following facts appear: The council of the city of Oakland provided by ordinance for a special election to vote upon two propositions to issue bonds for certain purposes. One of these—and the only one involved in this case which it is necessary to consider—was whether the city should incur an indebtedness in…