Citizens' Committee for Old Age Pension v. Board of Supervisors

WILSON, J.

The question to be determined upon this appeal is whether the court abused its discretion in refusing a judgment for declaratory relief.

Plaintiff, alleging itself to be a taxpayer, brought this action (1) for an injunction to restrain defendant board of supervisors from approving and ordering the payment of an appropriation to defendant County Supervisors Association, and (2) for a judgment declaring the appropriation made by defendant board to defendant association in the 1947-48 budget to be illegal and unauthorized. When the order to show cause why a preliminary injunction should not issue came on for hearing it appeared that defendant board had ordered a warrant to be drawn in favor of defendant association for the full amount of the appropriation, and the county auditor had delivered the warrant to defendant association, hence a preliminary injunction restraining such action was denied. Defendants’ demurrers to the amended complaint were sustained without leave to amend and the court ordered the action dismissed. Plaintiff has appealed from the judgment of dismissal.

Plaintiff alleges that defendant association was incorporated to carry out the purposes of a statute authorizing legislative bodies of counties, through their representatives, to attend

[660]

sessions of the Legislature of this state and of the Congress of the United States, or of any committee of either body, for the purpose of advancing or opposing legislation. (Stats. 1935, ch. 26, p. 92; amended by Stats. 1941, ch. 30, p. 469; 2 Deering’s Gen. Laws, Act 4276 (1944 ed.), p. 1506.)

Plaintiff contends that (1) the statute is unconstitutional, (2) defendant board was and is without power to make appropriations for the purposes purportedly authorized by the act, and (3) defendant association was not and is not authorized to accept county funds.

There was no ground for an injunction since prior to the hearing defendant board had made the appropriation and ordered the warrant for the amount thereof drawn, and the county auditor had delivered the warrant to the payee. The county treasurer was not a party to the action, hence an injunction could not have been issued restraining him from paying the amount of the warrant.