Pridham v. Lewis

[396]

SHAW, J.

This is an appeal by petitioners from a judgment of the lower court denying them a writ of mandate requiring respondent, as auditor of Los Angeles County, to issue warrants in .their favor upon the county treasurer for additional salary claimed by petitioners as members of the board of supervisors of said county.

It appears that the petitioners, Pridham, Norton, and Hinshaw, were, at the general election held in November, 1912, elected members of the board of supervisors of said county for terms expiring in January, 1917, and petitioners Manning and Butler were elected in November, 1910, to like offices for terms expiring in January, 1915. In March, 1914, Butler resigned, and petitioner Woodley was appointed to fill the office for the unexpired term.

At the November election of 1912, the electors of Los Angeles County, for the purpose of local government, adopted a charter, approved and ratified by the legislature on January 29, 1913 [Stats. 1913, p. 1486], section 4 of which is as follows: “The county of Los Angeles shall have a board of supervisors consisting of five members, each of whom must be an elector of the district which he represents, must reside therein during his incumbency, must have been such an elector for at least one year immediately preceding his election, and shall be elected by such district. Their terms of office shall be four years, each shall hold until his successor is elected and qualified, and they shall each receive a salary of $5,000 per year payable monthly from the county treasury. They shall devote all their time during business hours to the faithful service of the public.” By section 57 thereof it was provided that said charter should “take effect at noon on the first Monday in June, 1913.”

The contention of petitioners is that, notwithstanding the fact that at the time when they were elected the general law fixed their salaries at three thousand dollars per year, they, by virtue of the provision contained in section 4 of said charter, are entitled to compensation for the balance of their terms at the rate of five thousand dollars per annum, from the time when the charter became effective, June 2, 1913. If section 4 as to salaries was the only provision contained in the charter touching the subject, petitioners might with some appearance of reason justify their contention. The section, however, must be read and construed with section 56, which