McClellan

Petitioner seeks a writ of mandate requiring the respondent as chairman of the board of supervisors of Los Angeles County to execute certain school bonds authorized by the board pursuant to an election held October 11, 1928, in Covina Union High School District, for the purpose of determining whether or not an indebtedness of two hundred thousand dollars should be créated and such bonds issued therefor.

The only question presented is whether or not eleven defective ballots, admittedly not entitled to be counted for or against the bonds, and which were rejected, should be included in the total number of votes cast. Fourteen hundred and ninety-three persons deposited in the boxes ballots furnished them at the election; each ballot was properly printed and bore the words “Yes” and “No,” with a small square space opposite each word in which electors should “mark a cross with pencil, ink or rubber stamp after the answer they desire to give,” as required by section 1745 of the Political Code. One of the rejected ballots bore a cross in each space and the other ten contained no crosses, but the word “Yes” or “No” was written in the space provided for the cross. Nine hundred and…