Davis

This is an application for a writ of mandate to compel the respondent, as county auditor of the county of Alameda, to draw his warrants in payment of certain claims of work done by order of the board of supervisors of the county on June 1, 1897. The work was not done to prevent damage by storm waters or floods. The claims were duly presented to and allowed *619 by the board of supervisors of the county and duly certified according to law, and were thereupon assigned to petitioner, who thereafter demanded of the auditor that he draw his warrants on the county treasurer in payment thereof. This demand the auditor refused, and he justified his refusal on the sole ground that the board of supervisors had no power or authority on June 1,1897, to authorize or order the road work to be done for which the claims were allowed. To support this position he relies upon an act passed by the last legislature, entitled “An act for the establishment of a uniform system of road government and administration in the counties of the state of California.” (Stats. 1897, p. 374.) The act was approved April 1st, and went into effect May 31,1897, and is commonly known as the “Clark Boad Law.” It is…