McPherson v. Richards

THOMPSON, J.

This is a petition for a writ of

mandamus

to compel the auditor of Butte County to draw a warrant in payment of the salary provided by law for the services of the assistant district attorney for the month of August, 1933.

The petitioner was appointed and qualified as assistant district attorney of Butte County, January 5, 1931, since which time he has performed the duties of that office. At the time of his appointment, his salary was fixed by the terms of a freeholders’ charter of Butte County at $1950 per annum, payable in equal monthly installments. That charter was adopted pursuant to the provisions of article XI, section

7½,

of the Constitution of California. (Stats. 1917, p. 1791.) The charter was amended in Statutes of 1923, page 3558, so that article III, section 3 thereof, provides that: “The board of supervisors shall once every four years, determine the number of deputies, assistants, clerks, and stenographers, except as herein otherwise expressly provided, for each and every county officer, and shall, at said time, fix the compensation of each and every deputy, assistant, clerk or stenographer. ’ ’

In 1933 this charter was again amended so that article III, section 3, subdivision (k) thereof provides that: “The district attorney and

ex-officio

public administrator shall be allowed the sum of $1,200.00 per annum for the assistant’s salary. ’ ’

After the adoption of the last-mentioned amendment to the charter, the auditor refused to pay the petitioner more

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than $100 per month for his services as assistant district attorney. The petitioner demanded the payment of his salary as provided by law for the month of August, 1933, which was refused. This petition for a writ of

mandamus

was then filed, to require the payment of the salary for that month.