See, e.g., In re Interrogatories of the Governor, 99 Colo. 591, 65 P.2d 7 (1937); Davis v. Pensioners Protective Association, 110 Colo. 380, 135 P.2d 142 (1943). Perhaps the outstanding feature of the pension fund program is its trust fund character.

This court has adopted a liberal attitude toward pension statutes and amendments thereto. In re Interrogatories of the Governor, 99 Colo. 591, 65 P.2d 7; People ex rel. Albright v. Board of Trustees of the Firemen's Pension Fund, 103 Colo. 1, 82 P.2d 765; Bedford v. White, 106 Colo. 439, 106 P.2d 469; Board of Trustees of Firemen's Pension Fund v. People ex rel.Behrman, 119 Colo. 301, 203 P.2d 490; Davis v. Pensioners Protective Ass'n., 110 Colo. 380, 135 P.2d 142 Kirschwing v. O'Donnell 120 Colo. 125, 207 P.2d 819; McNichols, Auditor v. Walton, 120 Colo. 269, 208 P.2d 1156; McNichols, Auditor v. Police Protective Ass'n., 121 Colo. 45, 215 P.2d 303. The authors of the plan contemplated its termination in the event of ultimate coverage under the National Social Security Act.

" The appellees rely upon the case of Pensioners Protective Assn. v. Davis, 112 Colo. 535, 150 P.2d 974, in which a petition was filed for allowance of attorney's fees and costs of suit, predicated on services rendered, and relief adjudged in Davis v. Pensioners Protective Assn., 110 Colo. 380, 135 P.2d 142, wherein attorney's fees were held not to be maintainable. This litigation was brought by a number of beneficiaries of the old age pension fund who formed an association to bring a mandamus action against the members of the State Board of Public Welfare which was the trustee of the fund. The action was first brought to compel a retransfer of money to the old age pension fund which had been diverted pursuant to statutory enactment to an emergency and contingent fund.

The authorities on this issue are in agreement. Exactly in point is the case of Davis v. Pensioners Protective Ass'n, 110 Colo. 380, 135 P.2d 142. There the Colorado constitution dedicated certain tax money to the payment of old age pensions. The legislature passed an act providing that five per cent of the tax money should be used for specified administrative expenses. It was shown by the plaintiff, just as it is here, that the charge was excessive and that the excess had been applied to other purposes.

It is further contended that the before-mentioned section 10 also violates that part of section 7, article XXIV of the Constitution, which provides that no part of the moneys should be transferred to any fund or used or appropriated for any other purpose than that for which the fund was created. Plaintiffs further rely upon our decision in Davis v. Pensioners' Protective Ass'n, 110 Colo. 380, 135 P.2d 142, where, in discussing section 4 above quoted, we said: "Section 4 of the amendment provides that at the end of the year all moneys that have been provided in the old age pension fund which have not been paid out to pensioners, `after defraying the expense of administering the said fund,' shall be paid out to the qualified pensioners.

MR. JUSTICE HILLIARD delivered the opinion of the court. A PETITION for allowance of attorney fees and costs of suit, predicated on services rendered, and relief adjudged, in Davis v. Pensioners Protective Association, 110 Colo. 380, 135 P.2d 142. The trial court found, that, reasonably, counsel for plaintiffs had earned ten thousand dollars, and was sympathetic toward allowance in such amount, but, concluding that the petition therefor was a suit against the state, held that it was not maintainable, and gave judgment of denial. The reported case above mentioned contains a statement of the situation in ample detail, a sufficient summary of which is that the State Board of Public Welfare — the personnel of which were made parties — administering the old age pension fund, finding that the percentage of the fund set apart to cover the expense of such administration, produced a sum in excess of the requirements in that regard, instead of permitting the resulting surplus to remain in the pension fund in the direct interest of the pensioners, and, acting pursuant to statutory enactment, transferred such surplus to the emergency and contingent fund.

In addition, the above accounting procedure keeps the OAP "inviolate for the purposes for which created" as required by Section 8 since the system "set(s) aside" those revenues which are available to pay the old age pensioners. See Davis v. Pensioners Protective Assoc., 110 Colo. 380, 135 P.2d 141 (1943). Cf. article IX, section 3 which provides that the public school fund "shall forever remain inviolate and intact."