Monterey Peninsula Airport District v. Mason

THE COURT. —

By this proceeding in mandamus the Monterey Peninsula Airport District, a public corporation, seeks to compel respondent, as secretary of its board of directors, to execute and sign, and to affix the official seal of the district to certain “Acquisition and Improvement Bonds, Issue of 1942,” as authorized and directed by resolution of the board. The respondent has demurred to the petition, contending that the act creating the petitioner district (Stats. 1941, eh. 52, p. 684; Deering’s Gen. Laws, 1941 Supp., Act 153) is invalid in that it violates the provision of the Constitution which forbids local or special laws in all cases “where a general law can be made applicable.” (Cal. Const., art. IV, see. 25, subd. 33.)

The challenged act creates and defines the extent of the petitioner district and empowers it to establish and maintain an airport for civil and military purposes. It also empowers the district to borrow money from the United States and to issue bonds to raise money when authorized by resolution of its

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board of directors. The legislature has declared the act to be an urgency measure necessary to the preservation of the public peace, health and safety because of the existence of a state of war “in numerous areas throughout the world,” thus requiring augmentation of the inadequate air facilities at Monterey for purposes of national defense — an urgency made more acute because of events transpiring since enactment of the act. The act further declares that the War Department has certified the Monterey Municipal Airport, which has been acquired by the district, as necessary for national defense and that a federal appropriation in excess of $700,000 has been approved for its enlargement.

The Works Project Administration has approved the project and federal funds have been allocated to the district contingent upon the acquisition by it of adjacent lands, contemplated to cost in excess of $214,000, and a cash contribution by the district of not less than $25,000. In order to acquire these necessary funds the district, through its board of directors, by resolution has authorized issuance of bonds aggregating $250,000, which bonds it is here sought to have respondent sign.

In support of her demurrer and contention that the act here involved is special legislation and therefore violative of the cited constitutional provision, respondent relies principally upon the case of