People ex rel. Kern County v. Baker

Foote, C. This is an application upon the part of the county of Kern for a writ of mandate against the treasurer of that county for the issuance of certain bonds. The county is represented by the district attorney and associate counsel; the respondent appears in person, and files his request for a submission in this language: “ The brief on behalf of the relator fully and fairly states the objections which have been made by counsel, whose advice I have availed myself of. I therefore desire to submit this cause upon such statement without further argument.”

The matter stands in the appellate court upon the petition of the relator and the alternative writ of mandate issued by order of the chief justice ordering the respondent to show cause, etc. It is a matter of regret that an official so tenacious for the proper legal performance of his duty should have relegated the court to the relator’s brief for argument to refute the relator’s contentions. But we will endeavor to determine what should be done in the premises with the lights before us.

The relator, in the only brief that has been filed by either side in the case, and the fairness of whose statements seems to be conceded by the respondent, says, at page 25: “The only question which has seemed to us open to argument or entitled to consideration is the construction of the clause in section 37, which requires that the supervisors ‘shall by order specify the particular purpose (or purposes) for which the indebtedness is to be created.’”

The section (37) of the county government act under which the power is claimed on the part of the board of supervisors to contract a bonded indebtedness is in this language: “The supervisors can only contract a bonded indebtedness other than such as is authorized by section 26 of this act, as follows: They shall by order specify the .particular purpose for which the indebtedness is to be created, and the amount of bonds which they pro[151]pose to issue, and shall further provide for submitting the question of the issue of said bonds to the qualified electors of the county at the next general election, or at a special election to be called by the board for that purpose. If a special election, none but qualified voters of the county shall be permitted to vote thereat, and it shall be held as nearly as possible in conformity with the general election law of this state. Notice shall be given of such election by publication in some newspaper or newspapers published in the county for four weeks prior thereto. If there be no newspaper so published, then by posting notices for the same time in each election precinct in the county, and at the courthouse door. The ballots shall be printed,1 For the issue of bonds,’ or ‘ Against the issue of bonds.’ If two thirds of the electors of the county voting at such election shall vote in favor of issuing bonds, and not otherwise, the board may proceed to issue the amount of bonds specified in the manner provided in this act for funding the floating indebtedness of the county; and all the provisions of this act relating to the issue and pajnnent of bonds in the latter case shall apply to bonds issued under this section, except that such bonds shall not run for more than twenty years; and the board shall levy the tax necessary to create a sinking fund for the payment of the principal of said bonds, in each and every year after their issue, until finally paid. The revenue derived from the sale of said bonds shall be applied to the purpose or purposes specified in the order of the board, and no other. Should there be any surplus, it shall be applied toward the payment of said bonds.”