Robison v. Payne

PULLEN, P. J.

In December, 1935, appellant sold and delivered to the Kelseyville fire district of Lake County certain equipment of the value of $27.81. A claim was presented for this amount, which was audited and allowed. Upon presentation to respondent, as treasurer of the county of Lake, payment was refused on the ground that it would involve an expenditure by the district in excess of the limitation prescribed by chapter 356, Statutes of 1935, and would therefore be an illegal expenditure. A writ of mandate was then sought to compel respondent to honor the claim but the writ was denied, and the matter is now before us on appeal from that judgment.

In 1933 the legislature proposed a constitutional amendment to article XI of the state Constitution, which, among other things, added a new section thereto, known as section 20. This proposed amendment was submitted to the People at a special election in June, 1933, and adopted. By its terms the limitations imposed by section 20 expired June 30, 1935, but provided “ . . . the legislature may impose thereafter the same limitations for such period or periods as it may determine. ...”

In 1935 the legislature attempted to extend the limitations provided for in section 20 of article XI and enacted chapter 356, Statutes of 1935. The issue involved in this proceeding pertains to the constitutionality of this latter statute. Appellant contends that the limitations imposed by chapter 356

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are different from, and in conflict with, those imposed by section 20 of article XI of the Constitution, and that consequently the act of the legislature is unconstitutional, and, therefore, there were no limitations on expenditures after June 30, 1935.

A comparison of the statute with the Constitution reveals that the statute allows an increase over the 5 per cent limitation if a majority of the electors of the political subdivision involved authorize an increase, whereas article XI, section 20, of the Constitution requires a two-thirds vote. The Constitution requires that the 5 per cent increase in expenditures each year be based upon the expenditures of the preceding year, while the statute provides for cumulative expenditures in cases where the political subdivision has not increased its expenditures by 5 per cent over the preceding year. Differences also exist between the Constitution and the statute in fixing the base for determining the maximum, and also in the meaning of “expenditures” as used in the respective acts.