Skinner

The controversy herein was submitted to the superior court upon an agreed case, under the provisions of section 1138 of the Code of Civil Procedure.

The city of Santa Rosa, desiring to construct a system of water-works, the estimated cost of which is stated at one hundred and sixty-five thousand dollars, proposed to raise that sum by the sale of the bonds of the city, to be issued under the provisions of the act of 1889, authorizing the incurring of indebtedness for the construction of water-works and other improvements. (Stats. 1889, p. 399, as amended Stats. 1891, p. 94, and Stats. 1893, p. 61.)

The several ordinances required by the statute were duly passed and published, the notice of election given and the election held, at which more than two-thirds of the electors voting thereat voted in favor of the issuance of the bonds.

Ordinance 148, calling said special election, described the bonds proposed to be issued as serials, payable in gold coin or lawful money of the United States, in the manner following: “ One-fortieth part of the whole amount of said indebtedness so incurred, together with annual interest at the rate of four per cent per annum on all unpaid sums thereof,…