Dolge

This is a proceeding in mandamus by the Marin Municipal Water District and its directors to compel William Dolge, as auditor of said district, to countersign certain bonds so that the same may be issued by said district. The bonds were prepared for issue in pursuance of an election duly called and held for that purpose in accordance with the act authorizing the formation of such districts. (Stats. 1911, p. 1290; Stats. (Sp. Sess.) 1911, p. 92.) It is alleged that the bonds were presented to the auditor, and he was asked to countersign the same but refused to do so. The case comes clearly within the rule laid down in Los Angeles v. Lelande, 157 Cal. 30 , [ 106 P. 218 ). That was a proceeding in mandamus to compel the city clerk to certify to the passage of an ordinance for a special election to approve a proposed bond issue. The court said: "The city clerk is a purely ministerial officer, whose duty it is to sign any and every ordinance which has been duly passed, regardless of any views he may entertain as to its legality or illegality. Mandate directed against the clerk for his refusal to sign an ordinance could properly go no further than to order him to perform his plain duty,…

The Chief Justice did not participate in the consideration or determination of this proceeding. Rehearing denied. *Page 727