Bateman

This is an original application to this court for the writ of mandate to require the respondent as state controller to draw his warrant against the “San Francisco Depot Fund,” in the state treasury in pay *582 ment of a demand in favor of petitioners, arising under a contract awarded them by the board of state harbor commissioners for furnishing certain work and material in the construction of the new railroad ferry and passenger depot, provided for by the act of the legislature designated the “ San Francisco depot act.” (Stats. 1891, p. 110.)

The real purpose of the proceeding is to secure a determination of the question, about which controversy has arisen, as to which one of two somewhat divergent statutes controls said commissioners in proceeding to carry out the purposes of said depot act; i. e., whether in adopting plans and letting contracts for such purpose they should follow the method pointed out in the provisions of the Political Code giving them control of the San Francisco harbor and water front, or whether they are governed therein by the provisions of an act commonly known as the “ Public Buildings Act ” (Stats. 1875-76, p. 427), which latter act, besides certain…