Stevenson v. Colgan

De Haven, J. This is an application for a writ of mandamus to be directed to the defendant as state con[650]troller, commanding him to draw a warrant on the state treasurer for the sum of $125, to which amount petitioner claims' he is entitled by virtue of the provisions of an act of the legislature approved March 31, 1891. The act is entitled “An act for the relief of Jonathan D. Stevenson, and to appropriate money therefor,” and so far as necessary to be stated here, it is as follows: —

“Sec. 1. The sum of $125 per month, payable monthly, for the ¡period of twenty-one months, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the relief of Colonel Jonathan D. Stevenson;provided, however, that said appropriation shall cease upon the death of said Stevenson, if he shall die before said period has elapsed; the sums paid under the provisions of this act to be accepted by the said Stevenson in full payment and satisfaction of all claims of every kind and nature that he may have, or claim to have, against said state for services or otherwise.”

The answer of the defendant alleges that petitioner never at any time had or has “any claim of any kind or nature whatsoever against the state of California for services rendered, or for any other thing done, had, or performed by the said Jonathan Stevenson, or for anything of value furnished to the state of California,” and that the appropriation made by the said act of the legislature was intended as a gift to the petitioner.

The answer then proceeds in an informal way to allege that prior to the admission of California as a state, the petitioner expended money and performed services “ in surveying and preparing charts of the bay of Suisun and the Sacramento and San Joaquin rivers,” and, in substance, avers that this service and expenditure of money constitute the foundation of petitioner’s alleged claim against the state, and for which the appropriation contained in the act referred to was made.

A demurrer to the answer was sustained by the court below, and thereupon judgment was rendered in favor [651]of petitioner, as demanded in his petition. The defendant appeals.