Pasadena City High School District v. Upjohn

SHENK, J.

The Pasadena City High School District

of Los Angeles County and Pacific Electric Railway Company have joined in a petition for a writ of

mandamus

to compel the respondents as superintendent of schools and auditor, respectively, of the county of Los Angeles, to approve and issue certain warrants ordered by the school board of the High School District in favor of the railway company.

The facts are undisputed. The Pasadena City High School District comprises the territory included within the cities of Pasadena and Sierra Madre and unincorporated territory between and separating said cities. The high school district maintains high schools within the city of Pasadena, including a four-year high school located on Colorado Street between Hill Avenue and Sierra Bonita Avenue in said city. No high school is maintained within the limits of the city of Sierra Madre. The Pacific Electric Railway Company is a common carrier of passengers for hire and operates an electric interurban street-car and motor coach system, a portion of which is located within the urban and rural territory comprising the High School District. On August 15, 1927, the school board of the High School District and the railway company entered into a contract for the transportation of pupils residing

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in the High School District to and from the high schools maintained by the district, including the transportation of pupils residing in the city of Sierra Madre, to and from the Colorado Street High School in the city of Pasadena. This contract by its terms was to continue until the end of the school year on June 30, 1928. Pursuant to said contract the high school board called upon the railway company to transport pupils who had their homes within said district, including the pupils residing in the city of Sierra Madre to and from the Colorado Street High School and the transportation was furnished accordingly. In due time the railway company presented to the high school board statements of the cost of such transportation in accordance with published tariffs on file with the Railroad Commission. Statements covering the cost of transportation of pupils residing within the corporate limits of the city of Sierra Madre, dated March 21, April 21, May 21, 1928, and in the amounts of $252.72, $203.58 and $177.21, respectively, were presented by the railway company to the high school board. Included also within each of said statements were many items covering the transportation of pupils residing within the unincorporated territory of the district. The board approved said statements and issued its orders for requisitions upon the county superintendent of schools and requisitions upon the county auditor for warrants upon the county treasurer for payment of the demands of the railway company. The superintendent and auditor refused to approve and allow said warrants in so far as they included items for the transportation of pupils residing in the city of Sierra Madre. Following this refusal, the high school board and the railway company, under date of September 7, 1928, entered into a contract for the transportation of pupils residing within the district but outside of the limits of incorporated cities to and from said Pasadena High School. It thus appears that the high school board is holding in abeyance the exercise of the power, if it has such power, to provide further transportation for pupils residing in Sierra Madre until the determination of this matter.