Beach v. Von Detten

COOPER, C.

This is an appeal by plaintiff from a judgment denying his application for a writ of mandate agahfst defendant as county auditor. Plaintiff is a constable of Stockton Township, in said county. He demanded a warrant

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for his salary as constable, amounting to $85.50, under the County Government Act of 1897. Defendant contends that he is only entitled to a warrant for $64.11, being his salary under the County Government Act of 1901, as amended.

The question to be determined is as to the constitutionality of the act of 1901 in so far is it affects the question of plaintiff’s salary. The act of 1897 was entitled “An act to establish a uniform system of county and township governments,” approved April 1, 1897. (Stats. 1897, p. 452.) Section 56 of the act of 1897 provided: “The officers of a township are two justices of the peace, two constables, and such subordinate officers as are provided by law. In townships containing cities in which city justices or recorders are elected, there shall be but one justice of the peace.” The act of 1897 fixed San Joaquin County as a county of the seventh class, and under its provisions plaintiff’s salary was one hundred dollars per month. By an act entitled “An act to amend an act entitled ‘An act to establish a uniform system of county and township governments, approved April 1, 1897,’ by amending certain sections thereof, repealing certain other sections, and adding certain sections thereto,” approved March 23, 1901, (Stats. 1901, p. 685,) the legislature placed San Joaquin County in the eighth class, and made plaintiff’s salary seventy-five dollars per month. Under the above title, the language used in amending the section of the act of 1897, fixing the classification of counties, is as follows: “Section one hundred and fifty-seven of an act entitled ‘An act to establish a uniform system of county and township governments, approved April 1, 1897,’ is hereby amended to read as follows.” All the sections so amended by the act of 1901 begin with a similar reference to the section and title of the act of 1897. Plaintiff contends that the act of 1901 is void because it violates that part -of section 24 of article IY of the constitution of the state which provides that “Every act shall embrace but one subject, which shall be expressed in its title. . . . No law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be re-enacted and published at length as revised or amended . The question, therefore, is as to whether or not the subject of the act of 1901 is expressed in its title, and whether it was published at length as amended. It is also