Arthur

This is a proceeding in mandate to compel the allowance and payment of a claim of petitioner against the city of Petaluma. The proceeding was commenced in the district court of appeal of the third appellate district, and was ordered transferred to this court because of the inability of the judges of that court to agree upon a judgment.

Petitioner’s claim was for printing done by him for the city during the fiscal year 1910-11, in his newspaper, the “Petaluma Daily Courier,” the contract for city printing for that year having been awarded to him as the lowest bidder for the work. The particular printing was the publication in. said paper of a proposed freeholders’ charter, which the trustees of the city had ordered published “in the manner provided by law.” When the printing was done there was sufficient money in the city treasury of the revenue of that fiscal year to pay petitioner’s claim. His demand in due form for the amount alleged to be due was filed with the city clerk on March 28, 1911, but at that time the revenues provided for the fiscal year had been entirely exhausted. The claim was disallowed. Petitioner brought his action against the. city thereon, and in September,…