Chilson

Plaintiff and intervener, as taxpayers and citizens of Orange County, sought to restrain the respondent, as auditor of the county of Orange, from drawing a warrant on the treasurer of the county of Orange in the sum of $10,000 in favor of the city of Santa Ana, a municipal corporation of the fifth class, situated within such county, the money to he used by the city in paying part of the expenses of paving South Main Street, one of its public streets.

The parties stipulated to all of the necessary and material facts and judgment was rendered in favor of respondent. Under the agreed statement of facts there were but two questions of law for the court below to determine, namely, first: Do the provisions of section 1 of the act of the legislature of the state of California, entitled, “An act authorizing counties to improve or assist in the improvement of streets lying in municipalities,” approved April 30, 1923 (Stats. 1923, p. 123), as amended April 30, 1925 (Stats. 1925, p. 236), conflict with the provisions of the “California Vehicle Act,” as amended May 19, 1925 (Stats. 1925, p. 389), and if so, which act controls; and, second: Does a resolution of the board of supervisors of the…