Patty v. Colgan

Citations

• 97 Cal. 251
• 18 L.R.A. 744
• 31 P. 1133
• 1893 Cal. LEXIS 522

Syllabus

<p>Constitutional Law — Gift of Public Moneys — Act fob Benefit of Sufferers from Floods. — The act of the legislature appropriating the sum of five thousand dollars for the benefit of the sufferers from the Tia Juana floods of the 22d of February, 1891, is clearly in violation of section 31 of article IV. of the constitution, which provides that the legislature shall have no power “to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual. ”</p> <p>Id.—Mandamus to Controller — Evidence Aliunde—Void Statute. — Although an act of the legislature directing the controller to draw his warrant in favor of an individual cannot be impeached by evidence aliunde, yet where facts appear upon the face of the act showing its invalidity, an application for a peremptory writ of mandate to the controller, requiring him to draw a warrant in pursuance of the provisions of the act, should be denied.</p>