41 Cal. 68 | Cal. | 1871
Lead Opinion
It is provided by the Act of April 25th, 1863, that the Board of Supervisors of Sacramento County “ shall not be sued in any action whatever,” but that they may be proceeded against by certiorari, mandamus, or injunction to prevent or compel their proceedings, “if the same can legally be prevented or compelled.”
Tilden presented a claim to the Board,.and it was disallowed. He then obtained a writ of mandamus from the Court below, commanding the Board to allow a specified . portion of the claim. From this judgment the Board bring this appeal.
In disallowing the claim the Board unquestionably acted in the exercise of judicial functions, and having arrived at a determination upon the matter pending before it, it is not to be turned round to some other judgment, not its own, through the instrumentality of the writ of mandamus. Before such a writ can be properly awarded, it must be made to appear that the Board refuses to perform some designated act which the law specially enjoins upon it as a duty. The complaint here is that it refuses to allow Tilden’s claim. But the answer is, that there is no duty resting on the Board to allow this particular claim, either in whole or in
Our attention has been called to the fact that at the time at which the Board rejected the claim it also adopted the following resolution:
11 Resolved, Whereas, doubts exist in the minds of a majority of the Board of Supervisors of Sacramento County whether the claims against said county presented to said Board by M. C. Tilden, City Attorney, for fees of that office, are a legal charge against said county, and are desirous of having a legal decision by some Court of competent jurisdiction and authority to determine the same; and whereas, said Board and said City Attorney are desirous of testing said question in Court, with as little expense and delay as possible; with a view to that end, it is hereby admitted on the part of said county and said Board of Supervisors that the claims filed by said Tilden with the Clerk of said Board on the — day of”April, 1868, marked “A” and “B,” were presented in due form; that the labor therein charged for was performed by said Tilden, while City Attorney of Sacramento City, at the dates therein set forth, and that no part of said fees have been paid by the county or otherwise, and that the above claims have been rejected and disallowed by said Board; and the District Attorney is hereby directed to enter the appearance of this Board in any action or proceeding which said Tilden may commence in any Court, not a Court of a Justice of the Peace, for the purpose of requiring said Board to allow the said claims, and defend the action of this Board therein.”
It is said that the Board thus substantially determined in favor of the claim, while formally rejecting it; that it found all the facts to be true, which are necessary to make out a valid claim in favor of Tilden, and that in this condition it
There is nothing in the proposition that the writ of mandamus, when directed to the Board of Supervisors of the County of Sacramento, should have a more enlarged or more efficacious operation than is to be accorded to it under general rules when issued against other Boards of County Supervisors. It is true that the statute which has been cited denies any other remedy than this one to the petitioner; and so far it may be said to show that he has no plain, speedy, pr adequate remedy in the ordinary course of law; but there is nothing in the statute which, even in such a case, undertakes to change the essential nature or office of the writ itself, as not being designed to control the judicial discretion of the Board, or to compel it to any particular determination.
The judgment and order denying a new trial are reversed, and the cause remanded, with directions to dismiss the writ.
Mr. Chief Justice Rhodes delivered the following concurring opinion, Mr. Justice Temple concurring:
When a claim against a county is presented to the Board of Supervisors, there are only four courses which may be adopted. The Board may allow the claim in whole or in part; it may reject it—that is to say, refuse to allow any
It is contended that, as the performance of the services mentioned in the petitioner’s account was sufficiently proven, there was no duty to be performed by the Board except that of the allowance of the account, and that such duty is merely ministerial. I am not aware of any authority which sustains that position; and it appears to me to be altogether indefensible on principle. The Board, in passing on a claim, acts judicially. The allowance or rejection of the claim is the determination of the matter submitted to the Board; and it occupies the same relation to the claim, that a judgment does to an action. If, in an action where the facts are admitted, or otherwise satisfactorily proven, the rendering of judgment is a ministerial act, then the order of the Board allowing or rejecting a claim, upon similar proof of the facts, is also a ministerial act; but if the former is necessarily a judicial act, so is the latter. Mandamus does not he to a. Board to compel it to enter a particular order of a judicial character; and clearly not to enter an order reversing its former order.
I concur with Mr. Justice Wallace, and think the writ should be dismissed.
Dissenting Opinion
The plaintiff was the City Attorney of the City of Sacramento, and, in his official capacity, conducted certain prosecutions for violations of the laws of the State and other prosecutions for violations of city ordinances. Claiming that he was entitled to be paid for these services by the County of Sacramento, under the statutes then in force, he made out his account against the county and presented the same to the Board of Supervisors for allowance. In the account he claimed to be entitled to the sum of four hundred and sixty-one dollars, for prosecutions for violations of the laws of the State, and the remainder of the account was for prosecutions for the violation of city ordinances. The Board of Supervisors, on examining the account, was satisfied that the plaintiff had rendered the services as charged, and that the items of the account were just, but doubted whether, under the law, the account was a county charge; and because of this doubt, and for that reason only, as appears by the record of their proceedings, refused to allow the account. The plaintiff applied to the District Court for a mandamus, to compel the Supervisors to audit and allow the account. On the hearing, the District Court ordered a mandamus to issue, requiring the Supervisors tó audit and allow so much of the account as was for services rendered in conducting prosecutions for violations of State laws, but denied the mandamus as to the remainder of the account. Aeither the plaintiff nor the District Attorney were satisfied with this decision, the former claiming that a mandamus should have issued directing the whole account to be allowed, whilst the District Attorney insists: First—That no part of the account should have been allowed. Second—That if the account was a county charge and justly due, mandamus was not the proper remedy. We shall first consider the latter point. On the former hearing of this cause we held that this was
In this case the only discretion to be exercised by the Board of Supervisors was in respect to the fact whether or not the plaintiff had rendered the services which he claimed to have performed. Having ascertained this fact, as they did, to their satisfaction, all the rest was a mere matter of law. The statute fixed the compensation for such services, and all that remained for the Board of Superiors was to determine whether the claim was a county charge to be paid out of the County Treasury. It appears the Board decided this question in the negative, and on that ground only refused to allow the claim. If they were mistaken in their view of the law, it was their duty to direct their Clerk to enter an order allowing the claim, so that it might be paid by the County Treasurer. If the performance of mere ministerial duties cannot be enforced by mandamus, simply because the officer or Board charged with their performance misconstrues the law, the writ would be of but little value and would be deprived of one of its most useful functions. Upon that theory, in almost every case, it would be a sufficient answer to the writ for the officer or tribunal to whom it was directed to say that, in his opinion, the law did not authorize or require him to perform the given act; that they had the right to decide the law of the case, and having decided it,
I deem it unnecessary, in this opinion, to enter into a critical analysis of the several statutes defining the duties and fixing the compensation of the City Attorney of the City -of Sacramento. It will suffice to say on this point that after a careful examination of these statutes, I am satisfied the county is responsible for the compensation of the City Attorney, for services rendered in prosecutions for violations of the laws of the State; but is not liable for services rendered in prosecutions for violations of city ordinances.
I am, therefore, of the opinion that the order of the District Court directing a mandamus to issue to compel payment of the first, and denying it as to the latter class of services, was correct, and ought to he affirmed.