Thompson

J. — This is a proceeding by mandate to compel the board of supervisors of Alameda county to accept the bid or tender of one Thompson, the petitioner, *555 and to declare him the highest bidder at the sale of a franchise for an electric railroad upon a certain defined route over the highways of that county. The proceedings of the board of supervisors leading up to the sale of this franchise were taken under a recent act of the legislature found in the statutes of 1893, page 288. That statute is entitled: “An act providing for the sale of railroad and other franchises in municipalities, and relative to granting franchises,” and provides: “ Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate railroads along or upon any public street or highway, or to exercise any other privilege whatever, hereafter proposed to be granted by the board of supervisors, common council, or other governing or legislative body of any county, city and county, city, town, or district within this state, shall be granted upon the conditions in this act provided, and not otherwise.” The act then prescribes the character of notice to be given for the sale, the time…