Gwinn

Petitioner sued in mandamus to require the respondent to approve a claim for the cost of educating students in the Marin Union Junior College District who were residents of .the city and county of San Francisco. Respondent’s demurrer to the petition was sustained without leave to amend and petitioner appeals on the judgment-roll.

The Junior College District is organized under the act of May 27, 1921 (Stats. 1921, p. 756). During the fiscal year 1927-28 it expended for capital outlays, including the purchase of lands and the erection- of buildings, the sum of $48,-448.18. The total cost of maintaining the school during that year was $105,456.21. The aid received from the state under the act amounted to $18,800. The petitioner subtracted this amount from its total expenditures and, on the basis of an average daily attendance of 168 students, estimated the average cost per student as $515.81. During the year 16 students whose residence was in the city and county of San Francisco attended the college and, upon the estimate above mentioned, the petitioner presented its claim to respondent in the sum of $8,252.96. The single question involved is whether under the act the city and…