Jensen

This is an original proceeding in mandamus to require the respondent to pay to the state treasurer moneys claimed to be due the state by reason of commitments from the county of San Benito to the Sonoma State Home. The petitioner is the director of the department of institutions of the state and the respondent is the treasurer of San Benito County. The controversy arises over the claim of the respondent that the act of the legislature (secs. 2192 and 2193, Pol. Code), which places this charge upon the county from which the commitments are made, is unconstitutional. The respondent has appeared by both demurrer and answer and the whole cause has been submitted on these pleadings.

The first ground of demurrer is that the petition fails to state sufficient facts in that it does not show any sum to be owing the state because it alleges that in May and December, 1927, certain sums became due and that in May and December, 1926, the respondent failed and refused to pay such sums. The error is plainly a clerical one—the figures 1926 should read 1927. The petitioner has asked leave to make the correction on the face of the petition and such leave will be granted. This disposes of the point…