Gage
County of San Luis Obispo v. Gage
Opinion
Lead Opinion
Shaw, J.
This was a proceeding against the defendants in their capacity as ex officio members of the state board of examiners. The object of the proceeding was to obtain a writ of mandate compelling the board to allow and approve certain claims in favor of the county of San Luis Obispo against the state of California. Findings were made and judgment given for the plaintiff, and the defendants appeal.
The questions in controversy arise under the act of March 25, 1880. (Stats. 1880, p. 13.) This act appropriates to each institution in this state conducted for the support and maintenance of minor orphans, half-orphans, or abandoned children, and to each county, city and county, city, or town maintaining such orphans,- half-orphans, or abandoned children, one hundred dollars per annum for each orphan, and seventy-five dollars per annum for each half-orphan or abandoned child so supported or maintained. Section 22 of article IV of the state constitution is also referred to by the plaintiff in support of its claim; but as the act is complete without aid from the proviso contained in that section, it need not be considered further than to say that it furnishes constitutional authority for the…