Veterans' Finance Committee of 1943 v. Betts

McCOMB, J. — The Veterans’ Finance Committee of 1943 (hereinafter referred to as “petitioner”) has petitioned this court for a writ of mandate to compel Bert A. Betts, as Treasurer of the State of California (hereinafter referred to as “respondent”), to cause notice of sale of $100,000,000 principal amount of bonds to be published and to cause said bonds to be prepared and sold, as directed by resolutions of petitioner. Respondent has filed a general demurrer to the petition.

Petitioner is an agency of the State of California created by section 991 of the Military and Veterans Code of this state.

The members of the agency are: Edmund G. Brown, Governor of the State of California; Alan Cranston, State Controller ; John E. Carr, Director of Finance; Joseph M. Farber, Director of Veterans Affairs; and respondent.

[399]Chronology

(1) The Legislature of the State of California, at its 1960 First Extraordinary Session, duly adopted a resolution entitled: “Assembly Constitutional Amendment No. 4 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding to Article XVI thereof a new section to be numbered 21, relating to the issuance of bonds to provide farm and home purchase aid for veterans.” (Stats. .1960, 1st Ex. Sess., ch. 12, p.-, §--)

(2) The Legislature at the same session duly adopted the Veterans Bond Act of 1960, constituting article 5h of chapter 6 of division 4 of the Military and Veterans Code of the State of California. (Stats. 1960, 1st Ex. Sess., eh. 50, p.-, § 1; Stats. 1960,1st Ex. Sess., eh. 80, p.-, § 1.)

It was provided in said act that it should take effect upon adoption by the people of an amendment to the Constitution of the State of California approving, adopting, legalizing, ratifying, validating, and making fully and completely effective the Veterans Bond Act of 1960.

(3) The Legislature at its 1960 First Extraordinary Session also duly adopted an act entitled: “An act calling a special election to be consolidated with the Direct Primary Election of 1960 and to provide for the submission to the electors of the State at such consolidated election constitutional amendments adopted by the Legislature at the 1960 First Extraordinary Session, to take effect immediately.” (Stats. 1960, 1st Ex. Sess., ch. 12, p.-; hereinafter referred to as “Chapter 12.”)