Santa Ana School District v. Talbert

ALLEN, P. J.

The verified petition of the parties beneficially interested alleges that the Santa Ana School District and the boundaries and territory comprising said school district are the same as that of the city of Santa Ana, a municipal corporation of the fifth class; that on the fourteenth day of November, 1911, the board of education of the city of Santa Ana, at a regular meeting of said board by unanimous vote, resolved to call a special election of the qualified voters of said school district for the purpose of submitting to said voters the question whether or not $25,000 in bonds of said school district should be issued and sold “to raise money for the purpose of purchasing school lots and for building one more schoolhouse and supplying the same with furniture, necessary apparatus, and for improving the grounds of said schoolhouse within said district, and afford better facilities for educating the school children within said school district”; that said special election was duly held under proper and legal notice; that due and proper canvass and return of the votes cast' at said election was made; that more than two-thirds of

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the votes cast were in favor of issuing the said bonds, all of which, was entered upon the minutes of said board of education and the same were duly certified to the board of supervisors of Orange county, together with all proceedings had in the premises; that on the ninth day of January, 1912, said board authorized and directed the issuance and sale of said bonds of said school district, due notice thereof being given, sealed bids received, opened, and the said bonds were awarded to said Statts Company, a corporation; that on the same day the board entered upon its minutes the form of said bonds and of the interest coupons attached thereto, fixing the time when the whole or any part of the principal of said bonds would be payable, which time was not more than forty years from the date thereof; that in the form prescribed it was required that the chairman of said board of supervisors should sign each and every one of said bonds; that the total amount of said bonds so issued does not exceed five per cent of the taxable property of the district as shown by the last equalized assessment-book of the county; that said bonds were prepared and presented to the said defendant, chairman of said board, for signature and he refused, and still refuses, to attach his signature thereto as chairman of the board of supervisors. Petitioners therefore ask for a writ of mandate commanding the said chairman of the board of supervisors to so attach his signature, and their petition presents reasons sufficient to warrant the issuance of the writ by this court in the first instance.