Riley

The County of Los Angeles, by this proceeding in mandamus, seeks to compel the respondent state officials to transfer to the county certain funds collected under the terms of Statutes of 1935, page 1312, and now on deposit in the state treasury, to the credit of the Motor Vehicle License Fee Fund, as expressly provided in section 9 (c) of the above-mentioned act. Respondents have refused to make the transfer for the same reason set forth in City of Los Angeles v. Riley, S. F. No. 15672 (ante, p. 621 [ 59 Pac. (2d) 137 ]), this day decided. Return to the petition has been made by way of general demurrer. This case differs from City of Los Angeles v. Riley, supra, only in that it involves the validity of section 9 (c) of the act, instead of section 9 (b). The other points raised are decided adversely to respondents on the authority of the City of Los Angeles v. Riley case.

The problem presented in the present proceeding is somewhat different from that presented in the companion case this day decided. Section 9 (c) of the act, after appropriating 12% per cent of 99 per cent of the amount collected by the state under the statute to the counties and cities and counties on a population…