Dinuba

This appeal is from portions of a judgment and decree given in three consolidated actions. The portion of the decree appealed from divides between the County of Tulare and the City of Dinuba in that county, the county’s total share of franchise tolls paid by San Joaquin Light & Power Corporation. The payment is required by the provisions of its franchise obtained under the Broughton Act. (Stats. 1905, p. 77, and amendments thereto.) The city was incorporated after the franchise had been granted by the county. The Tulare County franchise was granted as a whole at one time, but under the principle declared by this court in Terminal Rys. v. County of Alameda, 66 Cal. App. 77 [ 225 Pac. 304 ], the tolls are to be divided between the county and the city. The amount of the payment is annually two per cent of the gross receipts arising from the use, operation, and possession of the franchise. The statute fails to provide how to divide such payments received from a system of franchises extending through several counties and cities. One of these consolidated actions was previously tried and appealed to the supreme court, where the judgment of the trial court holding the tolls uncollectible…