Eby

I concur in the judgment. I do not understand that Linden v. Alameda County, 45 Cal. 7 , has been overruled by the decision in any later case, and it seems to me the cases are distinguishable. A tax-payer has an interest “which is distinguishable from that of the mass of the community.” Every citizen has an interest “in the proper discharge of public duties”; but every citizen is not the owner of property taxed for state or municipal purposes.

Thornton, J.—I agree with Mr. Justice Paterson, and concur in the judgment.

Rehearing denied.

This is a proceeding for a writ of mandate to the- board of school trustees of Red Bank school district, in Tehama County, and the members thereof,— A. W. Coffman, C. L. Allen, and Alfred McClure, — commanding them to immediately proceed with the erection and construction of a school-building upon a certain lot within said school district, of which the district is alleged to be the owner, and to complete the same within a reasonable time.

The verified petition for the writ states, among other things, substantially the following: That some years prior to October 14, 1886, the district had built and occupied a school-bouse on a lot therein described; that on October 14, 1886, said school-house had been destroyed by fire; that in April, 1887, the board of trustees called a meeting of the qualified electors of the district, of whom petitioner is one, to be held on the twenty-fifth day of April, 1887, “ for the purpose of determining a proposition to change the location of the school-house of said district from the said old site to a position a little less than one half mile south thereof”; that due notice of such meeting was given by posting notices as required by *169 law; that said…