Board of Supervisors v. Rechenmacher

VAN DYKE, J.

Petitioners ask that a writ of mandate be issued, directing the respondent, the County Clerk of the County of Placer, to sign as such official, bonds of the

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Auburn Joint Union Elementary School District of Placer County and El Dorado County. It appears from an agreed statement of facts that proceedings have been carried through intended to authorize the issuance and sale of these bonds, but it is claimed by respondent that certain matters occurring during the proceedings have resulted in the invalidity thereof to the extent that the bonds, if issued, would be void. The school district is partly in Placer and partly in El Dorado. Ninety-five per cent is in Placer County. The board of trustees of the district (hereafter called “the trustees”) on November 20, 1950, ordered the calling of an election to be held in the1 district on December 19th following, for the purpose of submitting to the electors thereof the question whether bonds of said district should be issued and sold in the total amount of $210,000. Notice of the election was published in the Auburn Journal, a newspaper printed and published in Placer County. The election was held and resulted in there being cast a total of 895 votes, of which 674 were in favor of issuing the bonds, 212 were against and 9 were cast in blank. More than the necessary two thirds having voted for the issuance of the bonds, the respective boards of supervisors of the two counties adopted orders for the issuance of the bonds.

It appears that there were certain contradictions relative to the total of the bonds proposed to be issued and the schedule of maturities thereof, which developed during the proceedings. As required by the statutes, the trustees fixed the table of maturities so that, disregarding maturities not material here, bonds numbered 131 to 150 would mature in 1963, those numbered 151 to 180 in 1964 and those numbered 181 to 210 in 1965. The published notice of election, while stating that the total bonded debt was to be the sum of $210,000, contained a schedule of maturities differing from that set up by the trustees in these particulars: Bonds numbered 131 to 155 would mature in 1963, those numbered 156 to 185 would mature in 1964 and those numbered 186 to 215 in 1965. No bonds numbered above 210 were provided for in the trustees’ order. The total amount of bonds included in the published notice was $5,000 in excess of what the order called for. The notices which were posted were correct and did not contain the error in the published notice. It is stipulated that a great deal of publicity was given to the bond election and a high percentage of votes was cast and there is no indication that there was ever any doubt in fact as to the total amount of bonds which it was proposed to issue. Thus in the issue of the Au