Dillon v. Bicknell

Haynes, C. Plaintiff was elected district attorney of Los Angeles county at the general election in November, 1892, and entered upon his said office on the second day of January, 1893, that being the first Monday after the first day of January, and his term of office [112]expired on the seventh day of January, 1895, that being also the first Monday after the first day of January of that year. The salary was four thousand dollars per annum, and he received from the salary fund of the county eight thousand dollars, which was paid him in monthly installments of three hundred and thirty-three and one-third dollars per month, by warrants drawn by defendant upon the county treasurer, as provided by section 221 of the County Government Act of 1891. (Stats. 1891, p. 419.) Plaintiff, claiming that he served as district attorney five days more than two official years, demanded of the defendant, as such auditor, that he draw a warrant upon the county treasurer for his salary for said five days, amounting to fifty-four dollars and fifty cents. The auditor refused to issue said warrant, and the court below, upon the petition of the ■plaintiff, rendered judgment directing a peremptory writ of mandate to issue as prayed for by plaintiff, and from said judgment the defendant appeals.

Sec. 20, art. XX, of the constitution provides as follows: “ Elections of the officers provided for by the constitution, except at the election in the year 1879, shall be held on the even numbered years next before the expiration of their respective terms. Terms of such officers shall commence on the first Monday after the first day of January next following their election.”

Section 4109 of the Political Code, as amended March 7, 1881 (Stats. 1881, p. 72), is as follows: “All elective county, city, and township officers, except superior court judges, superintendents of schools, and assessors, shall be elected at the general election to be held in the year 1882, and at the general election to be held every second year thereafter, and shall take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two years. The years that said officers are to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and [113]