Pacific Electric Railway Co. v. Department of Motor Vehicles

Petitioner, a public utility corporation, claiming the benefit of sections 41, 77a and 77c of the California Vehicle Act of the State of California (chap. 2'66, Stats. 1923, as amended), tendered on December 29, 1934, to respondent Department of Motor Vehicles of the State of California the sum of $5,942, and demanded therefor registration certificates for the calendar year 1935 for 212 motor vehicles used by it in the operation of its business as an electric interurban railway corporation during the year 1934. This demand was refused on the ground that said tender was insufficient in amount to comply with the said statute. Hence, this proceeding in mandamus.

No facts essential to determination of the controversy are in dispute. The tender made was for the $3 registration item in full for each car as required by said section 77a, but as to the weight charges provided for in said section 77c petitioner tendered an amount which would have been sufficient only in case registration had taken place on July 1, 1935, instead of January 1st of said year. In other words, the essence of petitioner’s claim is that it has already paid or has already obligated itself to pay a fee in lieu of…