Peairs

Petition for mandate. The petitioner, Honorable Howard A. Peairs, is one of the judges of the superior court in and for the county of Kern, and has held that office since a time prior to the first day of January, 1915; and prior to the nineteenth day of May, 1915, collected as such judge his salary at the rate of five thousand dollars per annum which was paid in monthly installments one-half by the county of Kern and one-half by the state, as is prescribed by law. Respondents, subsequent to the date last mentioned, refused to issue warrants in payment of the salary of petitioner in any amount other than at the rate of four thousand dollars per annum. This position was taken by respondents because of the passage and approval of an act of the legislature which apparently fixed as the annual salary of the superior judges of the county of Kern the amount of four thousand dollars. It is the contention of petitioner here that this act made no change in the amount theretofore provided to be paid on ac count of the salary attached to his office. The condition of the legislation affecting this subject may be briefly stated. For many years chapter Y of the Political Code embraced certain…