State Ex Rel. City of Republic v. Smith

TIPTON,. J.

This is an original proceeding in mandamus to compel Forrest Smith, State Auditor of Missouri, to register a bond issued by the city of Republic, a city of the fourth class, for the purpose of providing funds to construct a sewer system. After filing the application for the writ, respondent waived the issuance of the writ, agreed that relator’s application and petition might be considered as such writ, and filed his return. The return challenges the validity of an ordinance passed by the city council of relator calling for a bond election to test the sense of the voters in regard…