City of Whittier v. Dixon

24 Cal.2d 664 (1944) CITY OF WHITTIER et al., Petitioners,

v.

GUY N. DIXON, as City Clerk, etc., Respondent.

L. A. No. 19005. Supreme Court of California. In Bank.

Aug. 11, 1944. Henry L. Knoop, City Attorney, O'Melveny & Myers and James L. Beebe for Petitioners.

Clyde C. Woodworth for Respondent.

TRAYNOR, J.

By this proceeding in mandamus petitioners seek to compel respondent city clerk to countersign a warrant for the payment of the costs of publication of an ordinance of intention, in a proceeding for the formation of Vehicle Parking District No. 1 of the City of Whittier, under the Vehicle Parking District Act of 1943. (Stats. 1943, ch. 971, p. 2859; Deering's Gen. Laws, 1943, Act 5131.3.) Respondent has refused to countersign the warrant contending [666] that the statute pursuant to which the publication was made, is invalid. The regularity of the proceedings is admitted. [1] It is established that mandamus will lie to compel the performance of a ministerial duty such as the signing of a bond or warrant or the issuance of a warrant. (Golden Gate Bridge etc. Dist. v. Felt, 214 Cal. 308, 316 [5 P.2d 585]; Mercury Herald Co. v. Moore, 22 Cal.2d 269 [138 P.2d 673, 147 A.L.R. 1111].) The only issue in this case, therefore, is the validity of the Vehicle Parking District Act of 1943.

Respondent contends that the title of the act does not meet the requirements of section 24 of article IV of the California Constitution, on the ground that the provisions of the act relating to reassessments, the acquisition of property for opening, widening, straightening, or extending of streets or alleys necessary or convenient for ingress to or egress from any parking place, and the improvement of such streets and alleys, are not within the title of the act. The title of the act reads as follows: "An act to provide for the formation of districts within municipalities for the acquisition, construction, maintenance and operation of parking places, garages and other improvements for the parking of motor vehicles; the levy and collection of assessments upon property in said districts; the issuance, sale and payment of bonds secured by such assessments; the collection of rentals, fees, and charges for the use of such parking places, garages or other improvements; the administration thereof; the levy of taxes; and the powers and duties of cities relating thereto." [2] The title of an act meets the constitutional requirements if it contains a reasonably intelligible reference to the subject to which the legislation is addressed. (Heron v. Riley, 209 Cal. 507 [289 P. 160]; Evans v. Superior Court, 215 Cal. 58 [8 P.2d 467]; Southern Service Co. v. County of Los Angeles, 15 Cal.2d 1 [97 P.2d 963]; Powers Farms v. Consolidated Irr. Dist., 19 Cal.2d 123 [119 P.2d 717].) [3] The title in question fulfills this condition. The levy and collection of assessments mentioned in the title includes reassessments, for a reassessment is merely an assessment levied in lieu of some earlier assessment. The reference in the title to the acquisition and construction of parking places and other improvements for the parking of motor vehicles includes the acquisition and improvement of lands, property, and rights of way necessary or convenient