City of Pasadena v. Chamberlain

WILBUR, C. J.

Petitioner seeks a writ of

mandamus

to compel the respondent to sign certain bonds to be issued by the City of Pasadena in the sum of thirty thousand dollars “for the purpose of the acquisition, construction and completion by the City of Pasadena of a certain municipal improvement, to wit, the acquisition of land and the construction and completion thereon of a building for Branch Library purposes.” The real question involved is whether or not a sufficient number of voters voted for this bond proposition at a general municipal election and special bond and charter amendments election held in the City of Pasadena on the fifth day of April, 1923. The bond issue in

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question was submitted as “Bond Proposition No. 4” at such election. There were 1,280 votes for the issuance of said bonds and 612 votes against the issuance of said bonds. The total number of voters voting at the election was 2,012 and the highest number of voters voting on any bond proposition was 1,970. If it was required that two-thirds of the total number of voters voting at the election upon any subject or for any person was necessary to ratify the proposed bond issue, the number of voters voting affirmatively for the bond issue was insufficient. If it was necessary to secure two-thirds of the voters voting on any other bond proposition, then the number voting affirmatively upon this bond issue were insufficient.

The board of directors of the City of Pasadena provided for the -holding of four separate special bond elections at the same time the general municipal election was held and at the same time four charter amendments, lettered A, B, C, and D, were to be voted upon. The ballot furnished the voters at the election contained the names of the board of directors to be voted for at such general municipal election, the four bond propositions and the four charter amendments. The election was conducted by a single set of officers, but the ordinances calling the election provided that each bond issue should be a separate election and that these four separate elections should be held at the same time and place. It is therefore contended by the petitioner that the vote upon each separate bond issue should be considered as though it were the only proposition voted upon at the election and that where two-thirds of the voters voting upon the particular bond issue voted in favor thereof that such bond issue should be deemed carried.