Ballard

This cause is before us upon a petition filed by the California Highway Commission seeking a writ of mandate directing and commanding the respondent, T. H. Ballard, as the auditor of the county of Modoc, to draw his warrant upon a special fund of the county of Modoc, designated as the highway improvement fund of said county, for the transfer from said fund of the sum of $40,000 to be deposited in the proper funds of the state treasury, to be used by the California Highway Commission in improvement of a certain 3.7 miles of highway in the county of Modoc.

On the first day of July, 1919, an election was held in the county of Modoc, state of California, and at said election held pursuant to appropriate notices given therefor, the issuance of $400,000 in bonds for the improvement of highways in the county of Modoc was authorized. The election . was held under and in pursuance of an act of the legislature, known as the County Highway Commission Act, approved March 19, 1907, and acts amendatory thereof (Stats. 1907, p. 666). Pursuant to said election the board of supervisors of the county of Modoc duly appointed T. A. Walls, H. B. Stephens, and A. G. Loomis highway commissioners of the…