Regents of University of California v. Riley

WASTE, C. J.

The petitioner is here seeking a writ of mandate to compel the respondent, as Controller of State, to draw his warrant for the sum of $50,000, appropriated by the act of June 5, 1923 (Stats. 1923, p. 645), for the purchase of lands and the erection of buildings for the College of Agriculture of the University of California. The respondent, who has refused to honor the demand of the Board of Regents of the University, has demurred to the -petition

[507]

on general grounds, and advances the contentions that the act violates section 24, article IV of the state constitution, which provides ‘that every act shall embrace but one subject, which subject shall be expressed in the title, and is also violative of section 34 of the same article, which declares that no bill making an appropriation of money, except the budget bill, shall contain more than one item of appropriation, and that for a single and certain purpose to be therein expressed.

The act is entitled: “An Act to Provide Additional Land and Buildings for use in connection with the Department of Agriculture of the University of California at Berkeley, and making an Appropriation therefor.” By section 1, there is appropriated out of any money in the state treasury, not otherwise appropriated, the sum of $50,000, or so much as may be necessary, to be used by the Regents for the purchase of land near the grounds of the University of California, at Berkeley, and for the erection of greenhouses, either on said land so to be purchased, or on other lands of the University, at Berkeley, for use in connection with the Department of Agriculture. By section 2, the additional sum of $50,000, or so much as may be necessary, is appropriated out of any money in the state treasury after July 1, 1925, for the same purposes as are specified in section 1. Section 3 of the act provides that no money shall be paid out of the state treasury until the Regents of the University shall file with the state controller a certificate, stating that they have in their hands the sum of at least $50,000 available for use for the purposes specified in the act, in addition to the amount of the appropriation.

We are of the view that neither of the contentions advanced by the respondent can be upheld. The act embraces but one subject, namely, an appropriation to provide additional facilities for the use of the Department of Agriculture of the University of California, at Berkeley, which is sufficiently expressed in its title.