Hagerty

Since January, 1923, the plaintiff has been and now is a constable of a township of the first class in the county of Sacramento. He has been paid a salary of $175 a month as compensation for his services as such officer. He seeks by this proceeding to recover additional compensation in the sum of $100 a month “for services rendered as constable ... in criminal cases as provided in section 4236 of the Political Code.” Judgment was entered in favor of defendant and plaintiff has appealed.

At the commencement of plaintiff’s present term of office Sacramento County was and still is a county of the seventh class. (Stats. 1921, pp. 2, 3.) Prior to that time it was a county of the sixth class. (Stats. 1911, pp. 97, 98.) Prior to its repeal as hereinafter stated, section 4236 of the Political Code fixed the salaries of all county and township officers in counties of the seventh class. (Stats. 1919, p. 974.) Subdivision 13 thereof classified townships “having a population of thirty thousand or more” as townships of the first class. Subdivision 15 fixed the salaries of constables in townships of the first class at $1,200 per annum “in all criminal cases in lieu of fees now allowed by law”…