Robbins v. Lambert

PULLEN, P. J. The following evidence was prosented to the court as an agreed statement of fact:

“ . . . During the year 1938, one Carle D. Boss was duly elected to the office of Justice of the Peace of Downieville Township, Sierra County, California; thereafter he duly qualified, assumed and regularly filled that office, beginning January 1939, the term of said office being four years from January 1, 1939, or until the close of the year 1943. The salary of said Justice, from long prior to 1939 and at the time of his election, as provided by law, was fifteen dollars ($15.00) per month.

June 29, 1939, the said justice resigned, and the board of supervisors accepted the said resignation July 5, 1939.

Under date of July 10, 1939, the Board of Supervisors of Sierra County, California, amended or attempted to amend salary Ordinance No. 145, Sierra County Ordinances, and Section 17 thereof, by fixing the salary of the Justice of the Peace of Downieville Township at Sixty-five Dollars ($65.00) per month, an increase of Fifty Dollars per month, declaring that an emergency existed and that the increased salary be effective immediately, this ordinance being known as Salary Ordinance 146.

Later, but on the same day, the said Board of Supervisors appointed the petitioner herein, C. W. Bobbins, as Justice of the Peace of Downieville Township, Sierra County, California, and said Justice thereafter qualified and was thereafter paid the increased salary until and including January 1940. Thereafter, and on March 1, 1940, F. H. Turner, Auditor of Sierra County, California, issued Salary Warrant No. 266 in the sum of Sixty-five Dollars in favor of petitioner, C. W. Bobbins, who did then present the same to the respondent herein, Margaret Elaine Lambert, as Treasurer of Sierra County, California, and demand payment, but the respondent refused to pay or allow said Warrant out of the Salary Fund or the Treasury or any other Fund of Sierra County. . . . ”

[465]To the petition for a writ of mandate to compel the County Treasurer to pay the warrant for the increased” salary a demurrer was interposed and sustained without leave to amend, and the writ was discharged. This appeal is from the order of dismissal.

Section 5 of article XI [Const.] provides that “the compensation of any county, township, or municipal officer shall not be increased after his election or during his term of office, nor shall the term of any such officer be extended beyond the period for which he was elected or appointed.”