County of Yolo v. Dunn

Belcher, C. C. The county of Yolo requested the state controller to draw his warrant on the state treasurer for an amount of money which had been audited and allowed by the state board of examiners to the county, for its support and maintenance of aged persons in indigent circumstances. The controller refused to draw the warrant, and thereupon this proceeding was commenced to obtain a writ of mandate compelling him to do so. The court below granted the writ, and hence this appeal.

The constitution provides that “ the legislature shall have the power to grant aid to institutions conducted for the support and maintenance of minor orphans, or half-orphans, or abandoned children, or aged persons in indigent circumstances,—such aid to be granted by a uniform rule, and proportioned to the number of inmates of such respective institutions,” and “ that when[134]ever any county, or city and county, or city, or town shall provide for the support of minor orphans, or half-orphans, or abandoned children, or aged persons in indigent circumstances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or-other control.” (Art. 4, sec. 22.)

In 1883 the legislature passed an act (Statutes of 1883, p. 380), appropriating “to each and every institution in this state, conducted for the support and maintenance of aged persons in indigent circumstances, and either solely for that purpose or in connection with the support and maintenance of minor orphans, half-orphans, and abandoned children, aid as foñows: For each aged person in indigent circumstances, supported and maintained in any such institution, the sum of one hundred dollars per annum.”

The act then provides how books must be kept, and how claims for aid must be authenticated and must be presented to and audited and allowed by the state board of examiners. And if a claim be audited and allowed, it is made the duty of the controller to draw his warrant for the amount thereof, and of the treasurer to pay the warrant on presentation.

Section 7 of the act-provides as follows:—

“ In order that the provisions of this act shall not be abused, it is hereby declared:—

“1. That no institution which has less than ten aged indigent persons shall be deemed entitled to aid under this act.