regular record on appeal must be accepted as true and cannot be impeached by affidavits or statements outside the record.
4 C. J. 512-514.
The court cannot control a city council in the exercise of its discretionary powers and cannot enjoin the council from passing ordinances within its power.
14 R. C. L. 437-438; 19 R. C. L. 904-906; 22 Cyc. 889-890; New Orleans Waterworks Co. v. New Orleans, 164 U. S. 471; 41 U.S. (L. ed.) 518; Lewis v. Denver City Waterworks Co. 19 Colo. 236; 34 Pac. 993; 41 A. S. R. 248; Stevens v. St. Mary’s Training School, 114 Ill. 336: 32 N. E. 962; 36 A. S. R. 438; 3 Abbott on Municipal Corporations, 2511- 2515; High on Injunction, 1240-1243; 1 Spelling on Injunction and Extraordinary Relief, Sec. 687; 1 Dillon on Municipal Corp., 4th ed., Sec. 308; State v. Board of Canvassers, (N. D.) 172 N. W. 81.
Christianson, J. The plaintiff brings this action for the purpose of enjoining, the defendants, city commissioners of the city of Devils Lake, from procuring plans and specifications for a certain proposed paving project in that city and paying the engineers retained to prepare the same for their services. The complaint alleges, in substance, that the plaintiff is a tax-payer in the city of Devils Lake and owns property which will be liable to special assessment for the construction of a certain pavement proposed to be constructed by the defendants city commissioners; that between October 1919 and January 1st, 1920, the city commission of Devils Lake created paving district No. 1, and constructed therein. paving of the approximate cost of $450,000.00; that on November 23, 1920, the Board of city Commissioners, deeming it necessary to extend the paving into other streets and avenues outside of said paving district No. 1, placed upon its first reading two certain ordinances, one creating paving district No. 2, and one creating paving district No. 3; that at the same meeting the Board of City Commissioners instructed the city engineer and the consulting engineer to prepare plans and specifications and an estimate of the probable cost of extending the paving, already constructed in the city, upon certain specified streets and avenues in said paving districts Nos. 2 and 3, and directed that said plans, specifications and estimates of cost be for certain specified types of paving; that on November 30, 1920, at a regular meeting of said city commissioners, said two ordinances were placed upon their second reading and final passage; that the said engineers proceeded in accordance with the directions of the
