Slavich

Application has been made on behalf of the members of the Grand Army of the Republic, the Veterans of Foreign Wars, the American Legion, and other patriotic organizations of the City of Oakland, and the city itself, for the issuance of a writ of mandate to compel the respondent, as chairman of the board of supervisors of Alameda County, to formally execute a contract, duly awarded by the board under public bid, for the erection of a veterans’ memorial hall and building, and to enter into a lease with the city of the property to be used as a site for the proposed structure. The facts present a ease of a public officer refusing to perform a ministerial duty involving no discretion, and mandamus is the proper remedy. (Williams v. City of Stockton, 195 Cal. 743 [ 235 Pac. 989 ].) The necessary parties are before the court, and they have agreed to submit as the sole question presented by the application, and as one of law to be determined on the demurrer to the petition, whether or not land given to the city for and dedicated to and used for park purposes may properly be appropriated as a site for a memorial building.

The proposed veterans’ memorial building is one of a number of like…