Wood v. Strother

Hayne, C.

—This is an appeal from a judgment awarding a writ of mandamus to the auditor of San Francisco to countersign a street-assessment warrant *546under the act of 1872. That act provides that the warrant shall be countersigned by the auditor, “ who, before countersigning it, shall examine the contract, the steps taken previous thereto, and the record of assessments, and must be satisfied that the proceedings have been legal and fair.” (Laws 1871-72, p. 813, sec. 10.)

The word “ fair ” seems very loosely used in the above provision. In common usage it would convey some idea of justice or…