City of Tulelake v. Roath

PULLEN, P. J.

This is a proceeding in mandate to compel the respondent to sign as City Clerk of the City of Tulelake, a city of the sixth class, certain bonds issued by the city council of that city, under the Bond Act of 1901 (Stats. 1901, p. 27, Deering’s General Laws 1937, page 2246, Act 5178).

The refusal of respondent is based upon the failure of the city council to designate in the ordinance calling the special election, the newspaper in which such ordinance should be published. No other objections are urged against the validity of the proposed bonds.

That portion of the statute pertaining to publication is as follows:

“Sec. 3. Publication of ordinance: Vote necessary to carry. Such ordinance shall be published once a day for at least seven days in some newspaper published at least six days a week in such municipality, or once a week for two weeks in some newspaper published less than six days a week in such municipality, and one insertion each week for two succeeding weeks shall be a sufficient publication in such newspaper published less than six days per week. ...”

The ordinance was in fact actually published at the times and in the manner and form prescribed by law in the Tulelake Reporter, a newspaper of general circulation published in the City of Tulelake, which was then the official newspaper of Tulelake, having been previously so designated the official newspaper in which all official notices of the city should be published. Upon the day set in the ordinance the election was held, and upon the canvassing of the returns it was found that there was east a total of 203 votes, of which 199 were cast in favor of the proposition and 1 against.

Even if it can be said that the statute makes it the duty of the council to designate the particular newspaper in which the ordinance shall appear it cannot be said the

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failure to do so was sufficient to invalidate the entire proceedings.

In the early case of

People

v.