Kelso v. Teale

Citations

• 106 Cal. 477
• 39 P. 948
• 1895 Cal. LEXIS 629

Syllabus

<p>Los Angeles Public Library—Demand Against Library Fund—Mandamus.—Under sections 213 and 214 of the charter of the city of Los Angeles (Stats. 1889, p. 456) the city auditor is required to make a record of and number a demand payable out of the library fund, upon its being again approved by the board of directors of the public library after he has rejected it; and, if a writ of mandate issues to compel him so to do, he is in no way aggrieved by the judgment, notwithstanding the payee of the demand could have presented it to the treasurer, and had it paid without its being so recorded and numbered.</p> <p>Id.—Itemizing Demand.—A demand against such library fund for a specified amount, appropriated on account of the expenses of a delegate representing the library at the World’s Congress of Librarians and at the American Library Association Conference, is for a single item, within the meaning of section 215 of such charter.</p> <p>Id.—Appropriateness of Expenditure—Board of Directors.—The question of benefit to the library and its patrons from such an expenditure is to be determined by the directors in the first instance; and, if there could be any state of circumstances under which the expenditure would be authorized, the court will presume that such a state was shown, and was considered and acted upon by the directors when they made the appropriation.</p>