Curtin

The plaintiff brought this action to recover against the state of California the aggregate sum of $11,947 for services rendered and moneys expended for and in behalf of said state. The authority for the maintenance of such an action against the state is to be found in an act of the legislature of 1921, entitled, “An Act to authorize suits against the state for services rendered to the state or moneys expended in connection • with such services, and regulating the procedure therein.” (Stats. 1921, p. 1592.)

The plaintiff, from and including the year 1909 to and including the year 1913, which covered the period during which the services for which he herein sues were rendered, was a member of the legislature of the state of California, representing in the senate the twelfth senatorial district. The brief of respondent correctly states the facts and the history of the legislation by and under the authority of which the plaintiff performed the services and expended the moneys for which he here seeks reimbursement against the state as follows:

“On March 10, 1905, Assembly Concurrent Resolution No. 21 was adopted by the Legislature. (Statutes 1905, p. 1067.) It provided for the…