Corbett v. State Board of Control

SHAW, C. J.

This is an application for a writ of mandate to the state board of control, and Gr. B. Daniels, C. E.

[290]

Jarvis, and Edgerton Shore, as members thereof, directing said board to audit, approve, and allow the claim of the plaintiff for $220.75, allowed him by the state board of equalization for his traveling expenses in attending upon the sessions of the last-named board.

The matter was submitted upon a statement of facts agreed to by the parties. At the time the expenses in question were incurred the plaintiff was a member of the said board of equalization for the first equalization district. He was a resident of San Francisco and had his home there. Meetings of the state board of equalization were duly called to be held at Sacramento at various times during the fiscal year of 1920-21. He attended these meetings and in doing so he incurred expenses in traveling to Sacramento from his home in San Francisco and in returning to his home, and also for room rent and meals at hotels in Sacramento while there in attendance upon said meetings. The sum in dispute is the amount expended for the said room rent and meals. It is admitted that the charges were not extravagant or exorbitant. His claim for the $220.75 thus expended was duly approved and allowed by the state board of equalization on June 30, 1921. On the same date it was duly presented to the state board of control, which board refused to allow, audit, or approve the same.

The state is divided into four equalization districts. The city and county of San Francisco constitutes the first district. The county of Sacramento lies in the second district and the other two districts embrace counties far distant from Sacramento. (Pol. Code, sec. 125.) The law requires that one member of said board shall be elected from each of such districts by the electors thereof for a term of four years. (Const., art. XIII, sec. 9; Pol. Code, see. 352.) The board is required by law to meet at Sacramento on the second Monday of each month, and at the August meeting it is required to remain in session until the third Monday of that month. Other meetings may be called by the chairman of the board at such time and place as he may direct, and when deemed necessary the board as a whole, or a member thereof, is authorized to visit the “several counties and cities for the purpose of inspecting property,” or obtaining information. (Pol. Code, sec. 3692, subds. 4-7.)