Watson

The petitioner, a freeholder and taxpayer in and a resident of the county of Tuba, presents to this court this petition for a writ of mandate to compel the respondent, as auditor of said county, to draw and issue his warrant in favor of petitioner, on the treasurer of Tuba County, for the sum of seventy-five dollars as in payment for certain alleged services performed by petitioner for said county.

The services for which petitioner by this proceeding is seeking to secure payment are alleged to have been performed by him under a contract with the county of Tuba arising under the authority alleged to be vested in said county by two certain ordinances, one adopted by the county of Tuba and the other by the county of Sutter, which ordinances are alleged to be authorized by subdivision 12 of section 2639 of the Political Code. Said subdivision of said ■section reads as follows:

The facts as stated in the petition are as follows: That Bear River, a torrential stream, at all times in every year carrying water, and having its source on the northerly slope of the Sierra Nevadas, flows in a general westerly direction down to a certain point in the county of Sutter, where it empties into…