Clark v. City of Los Angeles

This is an action against the city and certain of its officers to enjoin the sale of city bonds, amounting to three million dollars, known as harbor improvement bonds, and to declare the same void. A general demurrer to the complaint was sustained and thereupon judgment was given for defendants. The plaintiff appeals.

The defendants claim that the issuance and sale of the bonds in question were authorized by the electors of Los Angeles city at an election called and held for that purpose on April 19, 1910. It is admitted that the amount exceeds the annual income and revenues of the city, and that, under section 18 of article XI of the constitution, they cannot be lawfully sold unless authorized by the assent of two thirds of the qualified electors of the city, voting at an election held for that purpose. Such an election was held and the proposition to incur the indebtedness in the amount of these bonds, by the issuance and sale thereof, was carried by the necessary two-thirds vote. Appellant asserts that the proceedings are void.

1. Appellant claims that the election was unavailing because the question submitted with regard to these bonds included an aggregate debt to be…