Holland v. Byram

GIBSON, C. J.

Petitioners, justices of the peace in Los Angeles County, seek a writ of mandate directing the auditor to approve and the treasurer to pay their salaries as increased by county ordinance during their terms of office.

When petitioners were elected, the Constitution of California provided that the compensation of any county, township or municipal officer should not be increased after his election or during his term of office (Cal. Const., art. XI, § 5). The section was amended in 1944 so as to permit the Legislature to suspend the provision for any period during which the United States was engaged in war and for a year after termination of hostilities. Pursuant to this constitutional amendment, the Legislature suspended the prohibition for the period of the war and six months thereafter. (Stats. 1945, ch. 5, p. 316.) In reliance thereon, the Board of Supervisors of Los Angeles County passed the ordinance under which petitioners claim the increased compensation.

[568]

Respondents contend that the ordinance is invalid because it is in conflict with section 52, article 12, of the Los Angeles County charter which prohibits salary increases during terms of office. It is argued that since the constitutional amendment does not expressly authorize the suspension of restrictions contained in county charters, the provision of the Los Angeles County charter prohibiting increases remains in force.

The constitutional amendment was submitted to the people as a wartime emergency measure. The argument presented to the voters in support of its adoption was as follows: "The need for this amendment at the present time is great. . . . With wartime conditions, many of the elective officers in the various counties find themselves working for much less than their deputies. . . . Nonelective officials are entitled to salary adjustments whenever necessary, and elective officials should be granted the same consideration, especially during times like the present, with the steady rise in the cost of living. ... In many instances what was one time a part-time job has grown into more than a full-time job, with no opportunity under the present constitutional provision to give relief to the official affected. This is only a wartime measure, and ... is only in keeping with the many other adjustments we have been obliged to make to keep abreast with the changing conditions, and to further the war effort. If adopted, this amendment will provide means whereby the Legislature, at its discretion and upon submission of proper evidence and investigation thereof, may bring about needed salary adjustments during the war emergency.” (Arguments, p. 11, Proposed Amendments to Const., submitted to Electors at General Election, Nov. 1944.)