Callahan v. Dunn

Hayne, C. — This was an application for mandamus to he state controller to compel him to draw his warrant in favor of the plaintiff for the sum of $1,618. Final judgment was rendered in plaintiff’s favor upon demurrer to the complaint, and the defendant appeals.

[367]The basis of the claim is a judgment of condemnation of plaintiff’s land for the use of drainage district number 1, established by the “Act to promote drainage,” passed in 1880. (See Laws 1880, p. 123.) It is alleged that by the judgment it was adjudged that the land should be condemned, and that plaintiff should recover therefor the sum of $1,618; that there was in the treasury sufficient money to the credit of said drainage district “applicable to the payment of its judgment debts, including the judgment debt of this plaintiff”; that plaintiff presented “ his said judgment claim ” to the state board of examiners, who allowed it, but that the controller refuses to draw a warrant “ for said judgment claim.”

The act of 1880 referred to in the complaint was declared unconstitutional in People v. Parks, 58 Cal. 625. It is evident, therefore, that plaintiff’s claim is of no validity unless it be validated by subsequent legislation. It is contended that such legislation is to be found in the act of 1885. (See Laws, p. 78.) And hence it is plain that in order to entitle plaintiff to any relief, his case must fall within the latter act.

The act of 1885 was passed for the purpose of making provision for the payment of claims which had arisen under the first act. It deals with three classes of cases. The first section provides that the treasurer shall pay all warrants which had already been drawn. The second section provides that the controller shall draw warrants for all claims which had already been allowed by the board of drainage directors constituted by the first act, and that the treasurer should pay such warrants. The third section provides for the auditing and payment of unaudited claims. If the case of the plaintiff comes within the act at all, it must come within the third section, which is as follows:—

“ Sec. 3. All persons having claims irnaudited by the state board of drainage directors, for work done or mate[368]