Keyes

The petition discloses that the trustees of the Hollywood Union High School District heretofore, acting under section 1745 of the Political Code as enacted in 1909 (Stats. 1909, pp. 488, 489), gave notice to the taxpayers of the time and place for an election at which was to be determined the question of the issuance of bonds for purposes within the statute. This notice, it is conceded, contained all of the matters required by the section above stated, excepting that, in respect of interest, the notice provided that the bonds, which should be of the denomination of $1,000 each, “shall bear interest at the rate of four and one-half per cent per annum,” whereas the statute provides that the notice shall designate “the rate of interest, not exceeding six per cent per annum, payable annually or semi-annually.” It is the contention of respondent that the position of the county clerk, whose refusal to attest the bonds is the subject of this writ, is well taken, for the reason that the omission to designate the times of payment of interest in the notice is fatal to the validity of the bonds, and for that reason the clerk is justified in his refusal to attest the same.

It needs no…