Hartigan

Hartigan v. City of Los Angeles

Good Law
170 Cal. 313·1915 Cal. LEXIS 399·149 P. 590
Supreme Court of CaliforniaJune 2, 1915L.A. No. 4062.California2,533 words

Opinion

Lead Opinion

Shaw, J.

The plaintiff has appealed from a judgment in favor of the defendants.

The plaintiff as a resident, citizen, and taxpayer of the city of Los Angeles, began the action to enjoin the city and its officers from issuing, signing, or selling certain bonds of the city amounting to six million five hundred thousand dollars. The plaintiff claims that no valid election has been held for the approval of said bond issue by the voters of the city.

The constitutional provision is that no city shall incur any indebtedness exceeding the revenue for the year in which it is incurred “without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose.” (Art. XI, see. 18). The act of 1901, as amended in 1913, providing for such elections, declares that propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election, and that the ordinance calling the election must recite the objects and purposes for which the indebtedness is proposed to be incurred. (Stats. 1913, p. 13.) The rule of the decisions regarding more than one object or purpose is “that there must be a separate proposition on the ballot…

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