Frohliger

This appeal calls for an opinion upon the constitutionality of an act of the legislature appropriating ten thousand dollars for the restoration of the San Diego Mission.

The legislature, at its session in 1921, passed the following act (Stats. 1921, p. 1722):

The plaintiff in this proceeding for injunction sued as a taxpayer of the county of Alameda to enjoin the expenditure of money appropriated by said act. Under the terms of this act the Governor appointed George W. Marston, John Brady, and Samuel S. Porter, as commissioners, to constitute a board of commissioners to carry out the provisions of the act and to spend and dispose of the sum of ten thousand dollars so appropriated. F. W. Richardson, as state treasurer, and Ray L. Riley, as state controller, were joined as defendants.

The complaint for injunction alleges that the money was to be expended in the alteration of the Roman Catholic Church building known as the Mission of San Diego, referred to in the said act of the legislature; that at all times mentioned therein the said Mission of San Diego has consisted, and does now consist, of land and a church building thereon in the county of San Diego, State of California;…