Jordan

Application for a writ of mandate commanding the respondent Secretary of State to file in his office a certificate of extension of the corporate existence of the petitioner, a public utility corporation of the state of California.

The decision in this case must be the same as that in Pacific Gas & Electric Co. v. State of California, (Sac. No. 4412) ante, p. 369 [ 6 Pac. (2d) 78 ], this day decided. The petitioner, having an authorized capital stock of $400,000,000, presented to the respondent Secretary of State, and requested him to file in his office, a certificate of the vote of its stockholders extending its term of existence, together with a duly certified copy of the written consent of the Railroad Commission of California, as required by section 401 of the Civil Code as it read at that time. At the same time, petitioner tendered the sum of five dollars as the fee for filing the certificate. The Secretary of State refused to accept the certificate for filing unless petitioner should pay as the fee for such service the sum of $40,000, which is the amount of fee or charge prescribed by section 409, subdivision 4, of the Political Code for filing articles of incorporation for…