City of Chanute v. Davis

The opinion of the cou „ t was delivered by

Burch, J.:

The plaintiff city asks for a writ of mandamus to compel the defendant, as state auditor, to register certain bonds issued by the city for waterworks purposes. The auditor’s refusal to make the registration is based upon the fact that the statutory notice of the election authorizing the bonds was not given. The statute governing the subject reads as follows:

“Whenever the city council of any such city shall desire to procure authority for the issuance of bonds under the terms of this act, they shall pass an ordinance directing the calling…