Board of Law Library Trustees v. Lowery

DRAPEAU, J. pro tem.

In this proceeding in mandamus the only question involved is whether interest earned upon deposits of monies in the law library fund by the County Treasurer of Los Angeles County belongs to the county or to the law library.

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The county contends that this interest should go into its general fund because the law library is an integral part of the county. Also that the plaintiff may not prevail because of the equities involved in the case, and in any event mandamus is not the proper remedy.

Respondent law library contends that it is a public corporation, separate and distinct from the county of Los Angeles; that the county treasurer is ex officio treasurer of the law library fund; that the interest on the fund is an accretion thereto and properly belongs to the law library.

The superior court adjudged that the interest should be credited to the law library fund and that a peremptory writ of mandate issue to the Auditor of the County of Los Angeles, commanding him to do so. From this judgment the auditor and treasurer of the county have appealed.

The Deposit Act (Stats. 1933, p. 642, as amended, Act 2834a, Deering’s Gen. Laws) provides for deposit of public funds, the interest thereon to be paid quarterly on average daily balances, and that said interest shall belong to “the county, city and county, city, town, municipality

or other public or municipal corporation represented by the officer making such deposit,

except where the law otherwise directs.” (§2.) (Italics added.)

Law libraries are established pursuant to state law (Bus. & Prof. Code, div. 3, ch. 5). This chapter of the code provides for a board of law library trustees in each county of the state. (§§ 6300 to 6307.)

Section 6320 provides: “(Payment to county treasurer: Law Library fund: Withdrawals.) All money collected for the law library in each county, must be paid into the hands of the treasurer of the county, who must keep the same separate and apart in a fund designated the ‘law library fund,’ to be expended by the board of law library trustees. Money may be drawn from this fund only as in this chapter provided, and only for the púrposes herein authorized.