Napa Union High School District v. Board of Supervisors

An application was made in the first instance to this court for a writ of mandate to require respondents to issue the bonds of said High School District in the sum of three hundred thousand dollars “for the purpose of purchasing a suitable high school lot, building thereon a new high school building, supplying said high school building with furniture and necessary apparatus and improving the high school grounds.” In response to the alternative writ respondents have filed herein a demurrer to the petition, and an answer in which is challenged on various grounds the legality of the bond election, and in further justification of their course in declining to issue said bonds respondents allege that they were advised by the district attorney of said county to sustain the objection to any action on their part made by certain taxpayers who appeared before them, and “to proceed no further in the matter of said high school bonds at that time.” In support of this last allegation they attach a transcript of the notes taken by the official reporter, from which we quote the suggestion of the district attorney to the supervisors as follows: “We have no desire to issue bonds that are illegal or…