Marsh

It appears from the petition, filed originally in the court below, that the petitioner, a corporation, with its principal place of business in the city and county of San Francisco, is engaged in the business of baking bread and certain kinds of confections, and that, in the delivery of its products to its customers, in said city and county, uses the motor vehicles propelled by electricity; that, on the sixth day of February, 1924, petitioner filed, in due legal form, an application for the registration of a certain motor vehicle so propelled, of which it was the legal owner, and which was designed to be used for the purposes above stated; that, accompanying said application was “the certificate of a public weigher of the State of California, showing the weight of said vehicle, when unladen, to be 6,280 pounds.” The petition proceeds:

The prayer of the petition is for a writ of mandate directed to the respondent to compel him, upon the tender to him of the said sum of $39.25, to “accept, out of said sum, the sum of $33.00 as payment in full as and for the legal registration fee for said vehicle for the year or twelve months ending January 31, 1925,” etc.

The respondent interposed…