McCullough

-This proceeding in rna~damu~ was instituted on behalf of San Benito County for the purpose of requiring the State Controller to deliver certain state warrants for the payment of the total sum' of $4,876.90, constituting the county’s share of the state “Motor Vehicle Fund” collected by the state under the Motor Vehicle Act (Stats. 1923, p. 568). It is a proceeding identical in its nature to and involves the same main legal question presented in the one entitled “County of San Benito, Plaintiff, v. Ray L. Riley, as Controller of the State of California, Defendant,” numbered 5899, ante, p. 131 [ 263 Pac. 349 ], which has this day been decided by this court in favor of the plaintiff therein.

There the county was seeking to recover its share of motor vehicle fuel taxes collected by the state pursuant to the Motor Vehicle Fuel Act [Stats. 1923, p. 571], and the defense was that the county had refused to pay an alleged indebtedness to the state for the care of feeble-minded persons committed from that county to the Sonoma State Home. Here, as indicated, the county is seeking to recover its share of the operators’ and chauffeurs’ license fees collected by the state under the Motor…