Arnold v. Sullenger

SHENK, J.

The respondent, as surveyor of the county of Contra Costa, commenced this proceeding in

mandamus

in the superior court to compel the appellant, as auditor of said county, to draw his warrant upon the county treasurer in the sum of $500 as salary due the respondent for the month of August, 1924. The appellant answered and the cause was heard .on an agreed statement of facts which are set forth in the findings. Judgment was rendered ordering the issuance of a peremptory writ, from which judgment this appeal is prosecuted on the judgment-roll.

The respondent was elected county surveyor at the general election in November, 1918'. When he qualified, in January, 1919, Contra Costa County was a county of the sixteenth class, and under subdivision 12 of section 4245 of the Political Code (Stats. 1917, p. 978) his salary was fixed at $3,250 per annum. On July 27, 1919, the County Engineer Act . (Stats. 1919, p. 1290) became effective. Pursuant to the provisions of this act the respondent was appointed county engineer and his salary was fixed at $6,000 per annum by the board of supervisors. He received this compensation until the County Engineer Act was, on October 7, 1921, declared unconstitutional

(Coulter

v.

Pool,

187 Cal. 181 [201 Pac. 120]). Under the pro

[634]

visions of section 11 of said act the office of county surveyor was deemed abolished when the person holding said office should be appointed county engineer. On July 20, 1921, Contra Costa was placed in the thirteenth class (Stats. 1921, p. 850). As the County Engineer Act was then deemed to be valid, no provision was made in the amendment of section 4242 of the Political Code for the salary of county surveyor. After the decision in

Coulter

v.

Pool

the respondent drew a salary at the rate of $3,250 per annum under the provisions of section 4245 of the Political Code until the expiration of his term, in January, 1923. At the November election in 1922 the respondent was re-elected county surveyor,, and, upon his qualification, took office to succeed himself, in January, 1923. From the commencement of said term until July 31, 1924, the respondent presented claims to the hoard of supervisors of said county for compensation at the rate of ten dollars per day, and his claims were allowed under the terms of section 4044 of the Political Code, which provided that “the surveyor shall receive such compensation as the board of supervisors may allow, not to exceed ten dollars per day for all work performed.” On July 31, 1923, section 4242 of the Political Code was amended, whereby, in subdivision 12 thereof (Stats. 1923, p. 1060), the compensation of the surveyor of counties of the thirteenth class was fixed by the legislature at $6,000 per annum. It is the compensation fixed by the amendment of section 4242 that is claimed by the respondent in this proceeding.