Sacramento-Yolo Port District v. Rodda

PEEK, J. By this proceeding in mandamus, the petitioners, sometimes referred to hereinafter as the district, seek an [838]order of this court compelling respondent A. S. Eodda, auditor of said district, to certify the correctness of a warrant duly approved by petitioners and drawn in favor of the Treasurer of the United States for the Secretary of the Army in the sum of $1,000. The warrant represents a portion of a total of $500,000 which the petitioners propose to advance to the Secretary of the Army in accordance with a resolution duly adopted by the petitioners’ board of directors. According to said resolution the advancement will enable the Army Corps of Engineers to promptly proceed with the work on the portion of the project to be performed by the federal government without the necessity of waiting for a federal appropriation. The Secretary of the Army has authorized the Army Corps of Engineers to accept the advance and has entered into an agreement with the district to reimburse it for such advances from anticipated federal appropriations. The respondent refused to certify the warrant on the ground that said proposed advance constitutes a gift of public moneys in violation of article IV, section 31 of the California Constitution.

The district is a public agency organized under and pursuant to part 6 of division VIII of the Harbors and Navigation Code of this state to cooperate in the construction, development and operation of such project with the United States government, which project has been regularly approved by both the federal (Pub. Law 525, 79th Congress, 2d Sess.) and state governments (Stats. 1947, chaps. 55 and 1152).

The reason for the proposed advance, as stated by the district, is that it cannot proceed with the construction of terminal facilities until the United States commences work for which it alone is responsible, namely, the moving of large quantities of material for embankment purposes; and that the initial federal appropriation in the sum of $250,000 is inadequate to enable the Army Corps of Engineers to properly proceed with such work.

Eespondent does not deny the power of, the district to “contribute” money to the federal government under section 6900 of the Harbors and Navigation Code, wherein it is specifically provided that,

“It may contribute money to the Federal . . . government' . . ., for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, . . . or in doing other work, if such work will improve navigation and commerce, in or to the navigable waters in the district.”