Devine

This is an action to restrain the defendants from levying a special tax for the current year to create an interest and sinking fund to provide for the payment of the principal and interest of certain so-called Folsom road bonds. A general demurrer to the complaint was overruled, and, defendants declining to answer, judgment was rendered in favor of the plaintiff, from which the defendants appeal.

The only question to be determined is the validity of the bonds, and this depends altogether upon the power of the board of supervisors to issue them, for, so far as the proceedings leading to their issuance are concerned, they seem to have been perfectly regular in form.

The issuance of the bonds in question was no doubt designed as a means of cooperation in carrying out the purposes of an act approved March 29, 1897 (Stats. 1897, p. 239), entitled: “An act to provide for the construction of a state highway or wagon road from Sacramento city to Folsom, in Sacramento county, and appropriating crushed rock and granite or stone blocks for drains and culverts for same.”

By the terms of this act the governor was authorized to appoint three commissioners, whose duty it should be to…