Adams

These are original applications to this court for peremptory writs of mandamus against the city auditor of the city of Sacramento to compel the performance by him of the same acts, viz., to attest and sign certain bonds of the city, the issuance of which has been authorized and directed by the appropriate boards and officers of the city, and by vote of the electors of said city at an election regularly called and held for that purpose. The Peltier case was inaugurated by a taxpayer of the city, and the other case by the city itself and the city commission solely to avoid all question as to the right of a taxpayer to maintain such a proceeding, It therefore will not be necessary to discuss or consider that question.

No question is raised as to the regularity of the proceedings thus far had in the matter of the bonds. The sole question presented is as to the power of the city of Sacramento, which is the capital of the state, to expend money or to contract an indebtedness for money to be expended, for the purpose for which this money is proposed to be used. This purpose, as stated in the various resolutions and ordinances, is the acquirement of two blocks of land in said city…