Bryant

This matter comes before us upon an alternative writ of mandate directed to the auditor of the city and county of San Francisco requiring him to audit and approve a demand of petitioner or show cause for his refusal to do so.

Petitioner alleges that, pursuant to a contract between himself and the board of park commissioners of the city and county of San Francisco, he did certain work in enlarging and improving Kezar Stadium, and under the terms of his contract the sum of $7,640 is due and owing to him; that a demand has been made therefor against the general fund, which demand was approved by the board of park commis sioners, by the board of supervisors and by the mayor of the city and county of San Francisco, and the defendant auditor refused to approve the same on the ground that the budget appropriation of $250,000 for the construction and completion of said Kezar Stadium was in excess of the ten-cent tax limit fixed by section 11 of article XIV of the charter for moneys to be expended by the park commissioners for the maintenance, preservation and improvement of parks, squares, avenues and grounds, and that payment of the demand on this fund was unlawful. This presents the…