Hance

The city of Los Angeles took certain proceedings for the issuance of municipal bonds for public improvements, under the act of March 19, 1889 (Stats. 1889, p. 399), and adopted an ordinance submitting to the voters of the city the question whether the bonds should be issued. The city council, having declared that a majority of two-thirds of the voters had voted in favor of their issuance, passed an ordinance for their issuance and sale. Bonds were .thereupon prepared and signed by the mayor and treasurer, as required by the ordinance, and presented to the respondent, as clerk of the city council, with the demand that he countersign the same and affix thereto the corporate seal of the city. Upon his refusal so to do this proceeding was instituted for a writ of mandate compelling him thereto. The superior court denied the application for the writ, and the city has appealed.

The proceedings had by the city council were as follows: July 7, 1899, the city adopted an ordinance declaring that the public interest and necessity demanded the following municipal improvements: 1. The acquisition of land and the construction thereon of a high school building, of which the estimated cost was…